Verfassungsblog (Jan 2024)

Did the Israeli Supreme Court Kill the Constitutional Coup?

  • Aeyal Gross

DOI
https://doi.org/10.59704/29c82c831a7ba4eb
Journal volume & issue
no. 2366-7044

Abstract

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On January 1, 2024, the Israeli Supreme Court struck down a constitutional amendment prohibiting judicial review of actions of the government, the prime minister, or any minister based on the “reasonableness” doctrine. The judgment illustrates how societal and judicial vigilance in recognizing “early warning” signals of potential “constitutional capture” may play a significant role in battling such processes. However, notwithstanding this judgment and the halting of the legislative process, the threat of democratic backsliding in Israel persists. The ongoing war has, in fact, paved the way for further anti-democratic measures, some of which were upheld by the very same Court that struck down the anti-reasonableness amendment.

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