Over the past few days, the 15 justices on Israel’s High Court of Justice have completed writing their ruling on the petition against the law to abolish the reasonable standard in judicial review of decisions by elected officials and the government. The law, which was passed by the Knesset in July, is the first stage of the government’s planned judicial reform to weaken the Supreme Court.
Amit Segal reported on Channel 12 News last night that the High Court will disqualify the law by the narrowest margin of eight justices in favor of striking down the law and seven against. This would be the first time that the High Court has struck down a Basic Law. Outgoing Supreme Court Justice Esther Hayut reportedly voted to strike down the law while Justice Noam Solberg was among those who was against the disqualification. Justice Yechiel Kasher, according to the Channel 12 report, was highly critical of the law but nevertheless felt that the High Court did not have sufficient authority to strike down the law.
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Because only a draft version of the ruling has been written, it is not a final ruling and it is still possible that a justice might change their mind.
The Movement for Quality Government in Israel, one of the main petitioners against the law, announced that it was demanding that the Attorney General immediately open a criminal investigation into who leaked the draft document.
The Judicial Authority Spokesperson said, “The writing of the ruling has not yet been completed. We look with great severity on unauthorized leaks and will not comment on it. The ruling will be published after its writing has been completed.”
Published by Globes, Israel business news – en.globes.co.il – on December 28, 2023.
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