In a recent verdict, the Israeli Supreme Court delayed the applicability of Amendment No. 12 to the Basic Law, an enactment that has been seen by many as an amendment for personal motives and an abuse of the Knesset.
In the case of Movement for Quality Government in Israel v Knesset, a majority of six out of 11 judges voted in favor of postponing the implementation of Amendment No. 12 to the Basic Law. This amendment, adopted in March 2023, amends the rules for appointing the Prime Minister, specifying issues of “physical or mental incapacity” and shielding the seat from mandatory recusals.
Judges holding the majority opinion claimed that the amendment’s enactment benefitted incumbent Prime Minister Benjamin Netanyahu personally and was an attempt to circumvent legal restrictions amidst ongoing criminal proceedings against him. They further observed that the personal nature of the amendment was evident in its introduction timing that followed petitions for the Prime Minister’s impeachment.
Despite the majority opinion, a minority of judges believed the amendment served the general purpose of establishing a framework for removing a Prime Minister. They differentiated between the motive behind the amendment and its intended purpose.
This decision complements an earlier ruling where the Supreme Court overturned a critical part of Prime Minister Benjamin Netanyahu’s judicial reform law. This aimed to prevent judges from annulling government decisions deemed “extremely unreasonable.” The law, passed in July 2023 after extensive debate and protests, had kindled a wide opposition, inducing demonstrations, military threats, and international condemnation.
Both of these verdicts are intimately connected with the ongoing Israel-Hamas War and increasing violence in the West Bank. The independence of the court is paramount in protecting human rights and democracy, a sentiment echoed by the Israeli Civil Rights Association, which represents 38 human rights organizations and has publicly committed to protecting the court’s independence in the face of ongoing challenges.