Israel's crisis widens as Supreme Court mulls ruling against government's judicial overhaul

Clashes seem ahead for the Israeli Supreme Court and Benjamin Netanyahu's ultra-right-wing government over the scope of judicial powers. An unprecedented 15-judge panel will decide whether to strike down amendments submitted by Netanyahu on Israel's Basic Law or allow it to stand and risk eroding judicial review over government actions. 

The Israeli Supreme Court heard eight petitions challenging the amendment to Basic Law passed by the Knesset last July, which bars the courts from contesting government decisions, including ministerial appointments, based on the reasonableness doctrine. 

"This is part of a major government program to narrow the power of the judiciary and to politicise the office of the Attorney General, the police, the media and the academia", according to Professor Rivka Weill of the Harry Radzyner Law School at Reichman University.

Legal analysts speculate that if the Court does not intervene and annul the amendment, it risks legitimising the ruling coalition's bid to further upend the courts' standing. 

On the other hand, if the court rules against the passed legislation and the government abide by the ruling, it can say "goodbye to the Judicial revolution" because what the Knesset approved last July was only the beginning. 

Interestingly, the Attorney General, who usually represents the government, has taken the petitioners' side in their bid to invalidate the amendment to Basic Law. As a result, the government was granted permission to hire an independent council to represent it. 

The petitioners argue that the amendment harms an already fragile separation of powers in Israel because it removes the power of the courts to supervise the reasonability of governmental actions. Further, the law was crafted to benefit a particular government and group, not the general public. The petitioners had in mind Aryeh Deri, convicted of tax fraud and appointed minister of finance earlier this year before the High Court annulled the appointment. Aryeh Deri leads the Shas religious party and is influential in PM Netanyahu's ruling coalition. 

"The big question here is whether the court is willing to see beyond the current amendment and understand what's really at stake here", Professor Yoav Dotan of the Faculty of Law at the Hebrew University of Jerusalem said. 

"The big picture is transforming or even terminating judicial review in Israel as we know it. Terminating the only meaningful check on governmental power", he added. 

Tuesday's session was aired live and has gripped worldwide attention.  After a 13-hour hearing, the Court gave the government 21 days to substantiate its arguments but did not set a date for a decision.

The Court, it is widely thought, may want to give a chance to the government to "ameliorate" or even reverse its position on the proposed judiciary changes. 

Israel does not have a constitution or upper house of parliament, and the "reasonableness" measure was implemented to allow judges to determine whether a government had overreached its powers.

The reform package has sparked mass street protests by opponents for months, with thousands massing in Jerusalem on the eve of the hearing.

Urging the Court to uphold the petitions, a leading Israeli lawyer, Aner Helman, said the judicial reforms had already caused "severe damage to Israel's democratic core".

"The new amendment... causes a normative black hole in the Israeli legal system," Helman argued. "The damage exists, but you can only see it further down the road."

Netanyahu's administration insists that sweeping legal changes are needed to rebalance powers between elected officials and the judiciary.

Justice Minister Yariv Levin said the hearing was a "fatal blow" to democracy because it could result in the Court striking down a Basic Law for the first time.

In a statement, he accused the Court of "placing itself above the government, the parliament, the people and the law."

Tens of thousands of Israelis have regularly demonstrated against the judicial reform package since it was unveiled in January, while there have also been occasional rallies by government supporters.