Israel’s Supreme Court on Monday struck down the so-called “reasonableness law,” an amendment to a semi-constitutional Basic Law passed by the legislature earlier this year as part of Prime Minister Benjamin Netanyahu’s now-shelved judicial reforms.
The Knesset passed the law in July as an amendment to Basic Law: The Judiciary in what proponents saw as a long overdue measure to restrain judicial activism and bring Israel’s judiciary in line with those of other parliamentary democracies.
The Basic Law in question prevented the courts from using “reasonability” as a pretext to overturn laws. Reasonability essentially means whether the judges consider a law “reasonable”—a standard even opponents of the law agree is vague.
In response, Israeli Justice Minister Yariv Levin said that “the decision of the Supreme Court judges to publish the verdict during a war is the opposite of the spirit of unity required during these days for the success of our fighters on the front.
“The ruling, which is unparalleled in any Western democracy, will not weaken our resolve. As the campaign continues on the various fronts, we will continue to act with restraint and responsibility,” said Levin, according to Ynet.
The Supreme Court, sitting as the High Court of Justice, held hearings on petitions against the amendment in September. The hearings marked the first time in the court’s 75-year history that all 15 justices presided over a case.
The Israeli Supreme Court had never before struck down a Basic Law, a move akin to the American Supreme Court striking down an amendment to the United States Constitution.Netanyahu’s government shelved the remainder of its judicial reform plans as the Jewish state united following the Oct. 7 terrorist attacks by Hamas.