High Court Temporarily Blocks Netanyahu from Dismissing Security Chief After Turbulent Hearing
by Emmitt Barry, Worthy News Correspondent
(Worthy News) – The Israeli High Court of Justice issued an interim injunction on Tuesday to keep Shin Bet chief Ronen Bar in office and urged the government and the Attorney-General’s Office to devise a “creative solution” by April 20 regarding his contested dismissal last month.
Following an 11-hour hearing disrupted by protesters, including Likud MK Tally Gotliv, which caused a temporary suspension and forcible removal of demonstrators, the High Court issued an interim order on Tuesday night. The order mandates that Ronen Bar continues as Shin Bet chief until April 20. Chief Justice Isaac Amit stated that the court would decide if no agreement is reached by that date.
The order prevents any steps toward appointing his successor, although Prime Minister Benjamin Netanyahu may interview candidates. Netanyahu and Bar can also submit public and classified affidavits to the court.
Prime Minister Benjamin Netanyahu criticized the High Court of Justice’s decision to halt the dismissal of Shin Bet chief Ronen Bar temporarily.
“The judges on the panel repeatedly emphasized during the discussion that there is no dispute regarding the government’s authority to remove the head of Shin Bet from office,” stated the Prime Minister’s Office.
“Therefore, the Supreme Court’s decision to delay the end of the Shin Bet head’s term by 10 days is puzzling.”
However, the case transcends Bar himself, highlighting the judicial branch’s broader efforts to curb the legislative branch from executing its policies amid ongoing tensions between the government and judicial authorities.
Israel’s current political upheaval – often described as a “constitutional crisis” and a threat to democracy by critics – is rooted in the country’s unique legal framework. Israel has never adopted a single formal constitution; instead, it governs under a series of basic laws that serve as de facto constitutional guidelines.
Enacted gradually since the 1950s, these Basic Laws define the powers of key state institutions and certain civil rights. Without a constitution, they can generally be amended by a simple majority in the Knesset. For roughly the first five decades of statehood, Israeli democracy operated under this flexible system, with the High Court rarely intervening with legislation passed by the Israeli parliament.
However, this equilibrium shifted in the 1990s when Former Chief Justice Aharon Barak led what he termed a “constitutional revolution.” He interpreted passed human-rights Basic Laws as superior law and empowered the Supreme Court to strike down statutes that violated those laws. Barak’s judicial philosophy greatly expanded the Court’s role as a check on the legislature, establishing a stronger judicial oversight of government.
Supporters credit this development with safeguarding civil liberties and maintaining checks and balances, while critics argue it gave unelected judges undue power over elected officials.
The historical context is crucial to understanding the recent passage of a law by Israel’s parliament that reshapes the committee responsible for selecting judges. This change, a central aspect of Prime Minister Netanyahu’s judicial reform plan, alters the structure of the High Court and continues the debate over the balance of power in Israel’s judiciary.
This case is part of a continuing clash over whether to preserve Barak’s legacy of robust judicial review or curb it. Opponents of the overhaul warn that weakening the court would gravely threaten Israeli democracy. At the same time, proponents insist they are restoring the balance of power that existed before the 1990s in a nation still lacking a formal constitution.
The High Court is considering whether to block the removal of a prime ministerial appointee and the head of an agency that reports directly to the Prime Minister’s office.
Shin Bet, which combines roles similar to the U.S. Secret Service and FBI, is tasked with Arab-related counterterrorism and counterintelligence, as well as the security of the Prime Minister, Supreme Court, opposition leader, and Knesset chairman, among other prominent figures. Unlike other security agencies, Shin Bet is not under the Israeli Ministry of Defense but reports directly to the Prime Minister.
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