Poll: 51% say coalition must abide by court ruling if it strikes down overhaul law

20% of respondents to Channel 12 survey urge government to ignore such a decision; a third if Israelis considering leaving amid overhaul tensions

On left: Supreme Court Chief Justice Esther Hayut, right, attends a hearing in Jerusalem on December 1, 2022. (Yonatan Sindel/Flash90). On right: Prime Minister Benjamin Netanyahu at the Prime Minister's office in Jerusalem, on January 11, 2023. (Olivier Fitoussi/Flash90)
On left: Supreme Court Chief Justice Esther Hayut, right, attends a hearing in Jerusalem on December 1, 2022. (Yonatan Sindel/Flash90). On right: Prime Minister Benjamin Netanyahu at the Prime Minister's office in Jerusalem, on January 11, 2023. (Olivier Fitoussi/Flash90)

Over half of Israelis believe that if the High Court of Justice strikes down the reasonableness law the government should abide by the ruling, according to a television poll aired Friday.

In the Channel 12 news survey, 51 percent of respondents said the government should adhere to the decision, 20% said it should ignore the ruling and 29% said they do not know what the government should do.

Supreme Court President Esther Hayut announced this week that the hearing on petitions against the legislation will be presided over by all 15 High Court justices, an unprecedented move signifying the weight of the issue.

The eight petitions the court has accepted against the law will be heard on September 12.

The law, an amendment to Basic Law: The Judiciary, prohibits the court from reviewing government and ministerial decisions using the judicial standard of reasonableness.

Opponents of the law say the reasonableness standard serves as a critical safeguard against arbitrary or capricious government actions, or decisions made for inappropriate reasons, especially with regard to the dismissal of key law enforcement officials.

The coalition argues, however, that the court has abused the standard and that it grants the justices overly broad authorities to intervene in government policy.

President of the Supreme Court Esther Hayut (center) together with Justice Uzi Vogelman (left) and Justice Issac Amit at the Supreme Court in Jerusalem, August 3, 2023. (Yonatan Sindel/Flash90)

On Monday, the ruling Likud party said in a statement that Israeli governments “have always been careful to respect the law and the ruling of the court, and the court has always been careful to respect the Basic Laws.”

“These two principles form the basis of the rule of law in Israel and of the balance between the branches of authority in any democracy. Any deviation from one of these principles will seriously harm Israel’s democracy,” it said, calling for “calm, dialogue, and responsibility.”

In interviews to the foreign press, Prime Minister Benjamin Netanyahu has repeatedly refused to say whether he would abide by a High Court ruling that strikes down a Basic Law. Defense Minister Yoav Gallant, however, has said that the government would abide by such a ruling.

The Channel 12 poll also asked respondents whether they are considering leaving Israel due to ongoing tensions over the judicial shakeup, which was passed despite sustained mass protests, vehement opposition from top judicial, security, economic and public figures, and thousands of Israeli military reservists vowing to quit service.

A third of respondents said they are considering a move, with only 5% saying they have already decided to leave the country.

In a Channel 13 survey last week, 28% of respondents said they were weighing a move abroad, 64% were not and 8% were unsure.

Israel’s opinion polls can often be unreliable, but they influence politicians and voters.

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