From the Liveblog of
Tuesday, March 18, 2025
Court rejects petition that sought to bar cabinet from discussing ouster of Shin Bet head, saying it can’t intervene preemptively
Jeremy Sharon is The Times of Israel’s legal affairs and settlements reporter
In a unanimous decision, the High Court of Justice rejects outright a petition by the Movement for Quality Government in Israel (MQG) to ban the cabinet from holding a hearing to fire the head of the Shin Bet, saying that issuing such an order would violate the balance of power between Israel’s branches of government.
MQG filed a petition to the court yesterday, arguing that Prime Minister Benjamin Netanyahu has a conflict of interest in firing Shin Bet chief Ronen Bar since the Shin Bet is currently conducting a criminal investigation into alleged ties between senior aides to Netanyahu and Qatar, and that a decision to fire Bar would therefore be motivated by considerations not relevant to his professional performance.
The High Court says, however, that a deeply entrenched principle of its power of judicial review is that it cannot address claims before the authorized body — in this case, the cabinet — makes a final decision about the issue in question.
“The time for judicial review is after a decision has been made, and not before,” writes Justice Gila Canfy-Steinitz on behalf of a panel of three judges. “When a decision is yet to be made, the necessary basis for judicial review does not exist.”
Judicial review before the cabinet holds a hearing on the matter “is likely to disturb the system of checks and balances between the branches of government,” she says.
Canfy-Steinitz adds that when the cabinet holds a hearing on firing Bar, the attorney general could explain the legal considerations relating to such a decision, and that this could lead to an outcome other than his dismissal.
“In any case, the petitioners must wait until a final decision is made by the government, the authorized body, and only afterward can the path to judicial review be opened,” Canfy-Steinitz concludes.
The cabinet had been scheduled to hold a hearing on firing Bar today, but it remains unclear if that will go ahead.
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