Israel’s Top Court Hears Appeals Against Law Restricting Prime Minister’s Removal
Israel’s Supreme Court recently heard appeals against a law that restricts how a prime minister can be removed from office. The hearing took place amidst widespread protests against the government’s judicial overhaul, which has sparked one of the largest protest movements in the country’s history.
The law in question, passed in March as an amendment to one of Israel’s Basic Laws, states that a prime minister can only be declared unfit for office by themselves or a two-thirds majority of the Cabinet. Additionally, the decision must be supported by at least 80 out of the 120 lawmakers in parliament.
Critics argue that the law is a “personal” amendment aimed at protecting current Prime Minister Benjamin Netanyahu from impeachment proceedings. Justice Minister Yariv Levin even went so far as to claim that the hearing was an attempt to overturn the elections.
Netanyahu, who became Israel’s first sitting prime minister to stand trial over corruption allegations in May 2020, has consistently denied any wrongdoing. In February, an anti-corruption group petitioned the Supreme Court to declare Netanyahu unfit for office due to his ongoing trial.
Ahead of the Supreme Court session, protesters gathered outside Netanyahu’s Jerusalem residence, resulting in four arrests. Demonstrations against the government have been held regularly since January, drawing tens of thousands of participants. Critics of the reforms argue that they pave the way for authoritarian rule, while Netanyahu’s Cabinet maintains that they are necessary to rebalance powers between elected officials and judges.
Before the amendment, the incapacity law lacked specific details on the justifiable reasons for removing a prime minister from office and the required procedure. Petitions filed with the court are demanding that the amended legislation be either scrapped or deferred until after the next election.
It is worth noting that any amendment to a Basic Law carries quasi-constitutional legal status, and the Supreme Court has never struck down such a law in the past. However, there are reports that the judges may consider postponing the application of the amendment until after the next election, as requested by Attorney General Gali Baharav-Miara. This raises questions about whether Netanyahu could be dismissed over the corruption allegations if the amendment is deferred.
In Israel’s history, only one prime minister has been declared unfit for office. In 2006, Ariel Sharon was hospitalized, and his deputy Ehud Olmert temporarily replaced him. The opposition later sought to have Olmert removed due to ongoing prosecution while in office, but the Supreme Court rejected their complaint. Similarly, in 2021, judges ruled that Netanyahu could remain in power despite facing corruption charges.
The Supreme Court recently held a landmark hearing on a law that limits judges’ ability to strike down government decisions. These ongoing legal battles highlight the deep divisions within Israeli society and the significant challenges faced by the country’s judicial system.
As the appeals against the law restricting a prime minister’s removal continue, Israel remains a nation grappling with political turmoil and a growing protest movement. The outcome of these legal proceedings will undoubtedly have far-reaching implications for the future of Israeli governance and its democracy.