The petitions will be heard by a panel consisting of Supreme Court President Isaac Amit, incoming Deputy Supreme Court President Noam Sohlberg and Justice Daphne Barak-Erez.
The three are the most senior justices on the bench. Both Amit and Barak-Erez are liberals, while Sohlberg is a staunch conservative.
The reasonableness law, an amendment to Basic Law: The Judiciary, prohibits courts, including the High Court, from reviewing government and ministerial decisions using the „reasonableness“ standard. This standard permits the court to annul decisions based on substantive issues with the considerations behind them.
It was passed last year amid furious protests that saw hundreds of thousands Israelis take to rallies in Tel Aviv, Jerusalem and elsewhere across Israel.
– Twelve out of 15 Supreme Court judges ruled that the court has the authority to conduct judicial oversight on basic laws and intervene in extreme cases when the Knesset oversteps its legislative authority.
– The law was the first piece of legislation of Netanyahu‘s judicial overhaul — a plan that destabilized Israel‘s economy, military and foreign relations.
The Supreme Court struck down the law in an 8-7 vote.
Twelve of the 15 justices agree the court does have the authority to strike down Basic Laws.
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Hebrew media outlets report that the High Court of Justice will publish its ruling on the government’s “reasonableness law” this evening and that it will strike down the controversial legislation, which is an amendment to Basic Law: The Judiciary.
This would be the first time the court strikes down any aspect of one of Israel’s Basic Laws, which have quasi-constitutional status.
Lawmakers from the Shas coalition party are reportedly seeking to advance a bill that would temporarily extend the time in which High Court justices can publish rulings on petitions, allowing the bench to postpone a decision that is widely expected to strike down a piece of the government’s judicial overhaul.
In an unprecedented leak, a draft ruling published last week previewed the court’s intention to strike down, by an 8-7 vote, a law limiting the court’s ability to reverse government and ministerial decisions based on the doctrine of reasonableness.
“The judiciary views very severely the leak of parts of draft rulings that have not been completed,” acting Supreme Court President Uzi Vogelman said of the leak. “The attempt to influence pending proceedings and to harm public trust in the judiciary and its dedicated judges and employees will not succeed.” The final ruling is expected to arrive midway through January.
The report drew immediate, heated reactions, with coalition members chastising the expected decision and casting it as undermining the national unity being displayed during the ongoing war against Hamas. The group that petitioned for the law to be nullified claimed the leak was an attempt to intimidate the justices and push them to change their ruling and not void the legislation.
The leaked draft revealed an apparent 8-7 split among the 15-justice panel, indicating eight justices in favor of annulling the law and seven against
The justices who reportedly support the nullification are: former president Esther Hayut, current care-taker president Uzi Vogelman, Isaac Amit, Anat Baron, Ofer Grosskopf, Chaled Kabub, Daphne Barak-Erez and Ruth Ronnen.
The opponents are reported to be Noam Sohlberg, Yechiel Meir Kasher, Yosef Elron, Alex Stein, Yael Willner, David Mintz and Gila Canfy Steinitz.
Supreme Court President Esther Hayut observed that the “fingerprints” of a plan designed to prevent Prime Minister Benjamin Netanyahu from being ordered to recuse himself were “very clear,” while her fellow panel member Justice Uzi Vogelman said simply that “the fact is the law is personal.”
The court’s three most senior justices presided over Thursday’s five-hour hearing, in a case in which, for the first time ever, the attorney general has joined petitioners in asking for a Basic Law to be canceled.
Amit knows very well that the principle of equality wasn’t omitted from the law by accident, nor is it just a coincidence that it’s impossible to find a Knesset majority for passing a Basic Law on Equality. He knows that discrimination against Arabs in Israel isn’t just a by-product of the nation-state law but its main purpose – that discrimination is the essence of the law: enshrining Jewish superiority and Arab inferiority.
So why did Amit fake intimacy with Jabareen and inquire about his feelings as if he were a guidance counselor rather than a Supreme Court justice, and as if the only change that had occurred was in the lawyer’s emotions rather than Israel’s Basic Laws?
(17.8.2018) Prime Minister Binyamin Netanyahu was questioned in his home today (Friday) by police investigators, regarding an alleged tit-for-tat between himself and media mogul Shaul Alovich, who served as Communications Ministry Director under Netanyahu.
Netanyahu is now convinced that the case – known as Case 4000 – „has collapsed for good,“ according to sources close to him.
(5.8.2018) Supreme Court Justice Isaac Amit on Sunday ordered police to return jewelry worth 600,000 shekels ($162,200) to Shaul and Iris Elovitch because it was seized without a court order.
The jewels were confiscated during the investigation of Case 4000 (the Bezeq bribery case). Amit said that taking the jewelry without a court order was illegal, thereby overturning rulings by the Tel Aviv Magistrate’s and District courts, and contrary to the state’s position.