The full 15 member justices of the Israeli Supreme Court are set to hear petitions against an amendment passed last week by the Knesset that modifies Basic Law: The Judiciary, which includes the so-called “Reasonableness Standard.”
The Supreme Court announced Monday that the hearing by the full Court is set for September 12.
The amendment limits the ability of the Court to make subjective decisions about governmental appointments and Knesset legislation. Left-wing anarchists have been protesting and disrupting daily life in Israel, using Judicial reform as an excuse for their ongoing attempts to overthrow the elected government and spurious claims of “death to democracy.”
The Supreme Court has never in the history of the state dared to strike down an amendment to any Basic Law, and it’s not clear that such a move is even possible. It was former Supreme Court Chief Justice Aharon Barak who decided to grant Basic Laws authority at the level of constitutional laws. Israel does not have a constitution.
This will be the first time in the history of the state of Israel that all 15 justices will sit in expanded session to hear petitions, signaling the gravity with which the Court views the amendment curtailing its ability to strike down appointments and laws passed by the executive and legislative branches respectively.
Among the eight petitions against the legislation passed by the Knesset, to be heard by the full Court, are those filed by the Movement for Quality Government, Smoke Free Israel, OMETZ and the Israel Bar Association.
A decision to strike down the law could create the equivalent of a constitutional crisis.
Update: The Likud party released a statement in response [translated]:
“The governments of Israel have always been careful to respect the law and the ruling of the court, and the court has always been careful to respect the Basic laws. These two elements form the basis of the rule of law in Israel and the balance between the authorities in any democracy. Any deviation from one of these principles will cause serious damage to Israeli democracy, which in these days needs calmness, dialogue and responsibility.”
