Crisis brewing? Israeli Judges Freeze Basic Law, to coalition’s outrage

Opposition MK accuses coalition of “mafioso threats” after statement that Supreme Court has overstepped its authority.

By Lauren Marcus, World Israel News

A panel of three Supreme Court judges ruled on Sunday afternoon that it was issuing a temporary injunction against the implementation of a law protecting the prime minister from forced recusal, arguing that the law was “clearly personal” in nature and designed to benefit Benjamin Netanyahu.

However, the court also announced that it would reconvene to discuss the ultimate fate of the law with a larger panel of judges in the future, suggesting that the body is gearing up to completely nullify the legislation.

The bombshell decision marks the first time that the Supreme Court has ordered an injunction against a quasi-Constitutional Basic Law, and coalition party heads said that the institution has clearly overstepped its authority by ruling on the matter.

“The court does not have the authority to cancel Basic Laws and does not have the authority to determine that the Basic Law will enter into force at a later date,” read a media statement from the heads of the coalition parties.

“Nor does any court have the authority to cancel the results of the elections and allow the removal of a prime minister [from office], which would abolish democracy at its foundation.”

The statement added that nullifying the law would “pull down the common ground between the branches of government, which has been customary for many years.”

Opposition party heads slammed the statement, claiming that it constituted an “attack” on the Court.

“What the government has recently legislated are not Basic Laws but rather hasty, negligent and anti-democratic laws that were called ‘Basic Laws’ without any basis or judicial justification,” Opposition Leader and Yesh Atid party head Yair Lapid said.

Former Justice Minister Gideon Sa’ar said the statement was akin to a “mafioso threat” towards the Court, adding that it had been made “in an attempt to dictate the verdict to the justices.”

The Recusal Law, which was passed in March 2023, stipulates that a premier can only be forcibly removed from office after a vote of 75 percent of his cabinet or 80 percent of the Knesset, and it must be due to physical or mental incapacitation.

Attorney-General Gali Barahav-Miara, whom left-wing groups have argued could order Netanyahu to step down from office due to alleged conflicts of interest stemming from his ongoing criminal trial and his involvement in judicial reform legislation, filed a petition against the Recusal Law last week.

Israel Judicial SystemIsraeli Supreme CourtJudicial reform