High Court strikes down Basic Law amendment, voiding reasonableness law

On January 1, 2024, Israel's High Court of Justice struck down the amendment to the Basic Law, known as the reasonableness law.

Twelve of the 15 justices agreed the High Court does have the authority to strike down Basic Laws, while 8 of the 15 justices supported the decision to annul the law.

Justices David Mintz, Noam Sohlberg, and Yosef Elron dissented and ruled that the Supreme Court lacks the authority to strike down Basic Laws. Justice Noam Sohlberg is expected to assume the position of President of the Supreme Court of Israel in a few years.

The decision marks the first verdict in the country's history to annul an element of one of its Basic Laws.

Interestingly, the judges had several alternatives at their disposal, but they chose to annul the law altogether.

Last week, journalist Amit Segal of Channel 12 published a draft of the verdict, which, among other things, mentioned the reasons former President of the Supreme Court of Israel Esther Hayut advocated for the law's annulment. Among other arguments, Hayut justified her position by stating that the law, which significantly changed the "Constitutional order," as she called it, was passed by a minimal majority without broad consensus.

Former Justice Minister Ayelet Shaked commented on the High Court decision, stating that changes in the legal system should be made step by step, without loud declarations, tweets, or incitement to hatred. "The fact that a court verdict, passed by a minimal majority, can be completely changed due to changes in the composition of the High Court, demonstrates the need for gradual evolutionary changes, without loud declarations that are not backed by real steps," said Shaked.

Minister of Diaspora Affairs Amichai Chikli stated that while our fighters risk their lives on the front lines and demonstrate unity, the High Court has shown complete detachment from the spirit of the people, irresponsibility, and a complete lack of state thinking.

Speaker of the Knesset Amir Ohana stated, "It goes without saying that the High Court has no authority to annul the Basic Law. It is clear that we cannot deal with all this until the war ends."

An official statement from the Likud party said, "It is regrettable that the High Court has decided to publish a verdict that is extremely controversial at a time when soldiers on both the right and left wings of the political spectrum are at war and risking their lives in the battles in the Gaza Strip. The Court's decision contradicts the will of citizens seeking unity, especially during wartime."