Feb 9 • 04:01 UTC 🇮🇱 Israel Haaretz

Judgments Prove: Amit Fights Against the Regime Change, Sulberg Ignores It

A recent ruling by the Israeli Supreme Court highlights the deep divisions among justices regarding the approach to judicial review of the current government's actions.

The ruling delivered last week by an expanded panel of five justices in Israel's Supreme Court regarding the appointment process for the Commissioner of the State Service marks a significant point in the ongoing debate among justices within the highest court. This legal discourse sheds light on a critical question: whether judges hearing petitions against decisions or laws enacted by the Netanyahu-Livin-Ben Gvir government should view these actions in isolation or as part of a broader narrative concerning the perceived constitutional upheaval and the government's alleged assault on democracy.

Two opposing camps have emerged among the justices, each interpreting the judicial review framework in different ways. One side advocates for judges to consider the wider implications of government actions, linking them to the ongoing struggle for democracy in light of the serious constitutional challenges appearing in Israel. Meanwhile, the opposing viewpoint emphasizes a more traditional judicial approach that treats each case in a detached manner, potentially sidelining the contextual factors involving the current political climate and government tactics. This dichotomy illustrates a wider ideological battle over the judiciary's role in safeguarding democratic principles.

As the legal and political landscape in Israel continues to evolve, the implications of these judicial interpretations could have lasting effects on the relationship between the judiciary and the government. The rulings made by the Supreme Court will not only impact future governmental actions but also the foundational principles of democracy in Israel. The confrontation between maintaining independence in judicial decisions versus engaging with political realities raises important questions about how the courts will respond to challenges against the government in this tumultuous period.

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