Understanding Judicial Reforms in Israel
In January 2023, Deputy Prime Minister and Minister of Justice Yariv Levin, along with Knesset's Constitution, Law and Justice Committee Chair Simcha Rothman, proposed a series of changes to the Israeli judicial system. The proposed changes aim to limit the judiciary's influence on lawmaking and public policy by restricting the Supreme Court's power to exercise judicial review and granting the government more control over judicial appointments. If implemented, the reform would enable the Knesset to override Supreme Court rulings that deem legislation passed by the Knesset unconstitutional. Additionally, it would reduce the courts' ability to conduct judicial review of the Basic Laws and modify the Judicial Selection Committee's composition, giving the government effective control over judge appointments.
Massive protests have taken place in Israel since the beginning of the year, opposing the government's plans for judicial reform. The demonstrations have grown in scale, with hundreds of thousands of people filling the streets of Tel Aviv and other cities across the country. Protesters have demanded the cancellation of the proposed reforms and the resignation of Prime Minister Benjamin Netanyahu, with opposition coming from both sides of the political spectrum. Of particular concern is the growing number of military reservists who are joining the protests and refusing to report for duty, which has raised alarm bells about the potential impact on Israel's security. The government, however, insists that it was elected on a platform of judicial reform and argues that the judiciary is a left-leaning institution controlled by an unelected elite. It sees attempts to prevent it from making the judiciary more accountable as undemocratic.
Legal Reforms in Israel
Israel's judiciary is known for being particularly powerful, with a broad jurisdiction that allows it to evaluate legislation and strike it down if it deems it unreasonable. The Israeli government is proposing reforms to the judicial system that would limit the power of the Supreme Court to challenge the legislative and executive branches. Currently, the Supreme Court has the authority to cancel laws created by the Knesset, and the government wants to give the Knesset the power to override these decisions with a simple majority vote. The government also wants to remove the Supreme Court's authority to review the legality of Israel's Basic Laws and give the governing coalition more power in appointing judges. The proposed judicial reforms in Israel revolve around the balance of power between the government and the courts. Proponents argue that the reforms are long overdue, while critics worry that they go too far. Under the current government's plans:
The power of the Supreme Court to review and overturn laws would be weakened, allowing a simple parliamentary majority to override court decisions.
The government would have more influence over the appointment of judges, including those in the Supreme Court.
Legal advisers, who are currently required by law to be consulted and obeyed by government ministers, would no longer have that same level of authority.
One of the reforms already passed into law removes the attorney general's power to declare a sitting prime minister unfit for office. This move has raised concerns about a potential conflict of interest between the reforms and Prime Minister Netanyahu's ongoing corruption trial.
Levin and the ruling government coalition have declared that this is the initial phase of their judicial reform and that they plan to introduce further measures. These measures include changing the appointment process of legal advisors to government ministries, allowing ministers to appoint and dismiss them, making their advice a recommendation rather than binding, and making them directly subordinate to ministers rather than to the Justice Ministry's professional oversight. The proposed reforms are meant to address the balance of power between the legislative and judicial branches, with some seeing it as increasing control of the legislative branch and weakening the courts. Others, however, view it as restoring balance to the system, which they feel has become too heavily weighted towards the courts in recent years.
Prime Minister Benjamin Netanyahu has justified the proposed reforms by stating that the judiciary has too much control over public policy and that there needs to be a better balance between democratically elected legislators and the judiciary. However, due to his ongoing corruption trial, Netanyahu has been barred from actively participating in the judicial reform process by the Attorney General, citing a conflict of interest.
The Rise of Extreme Right
Over time, Israel's political landscape has shifted increasingly towards the extreme right. The current ruling coalition, comprising the right-wing Likud party, ultra-Orthodox United Torah Judaism and Shas parties, and extreme right Religious Zionist and Jewish Power factions, is the most right-wing government in the country's history. These far-right and religious parties argue that Israel's judiciary is dominated by liberals and leftists, while the political landscape has shifted to the right.
The government has sought to grant mass exemptions from conscription to religious Jews, and has already passed a law preventing legal authorities from removing the Prime Minister from office by declaring him "unfit to rule" - a power now exclusively held by the Knesset and Cabinet. However, the government is concerned that these plans could be struck down by the Supreme Court unless the powers of the judiciary are curtailed. For right-wing parties, the current judicial structure represents a barrier to their efforts to reshape the Israeli state according to their vision.
Protests in Israel Over Judicial Reforms
The proposed reforms have sparked a heated debate in Israel, with many concerned about their potential impact on democracy and civil liberties. The controversy has also highlighted deeper political divisions within the country, reflecting a wider debate about the future direction of Israeli society.
Opponents of Israeli Prime Minister Benjamin Netanyahu have voiced their concerns over proposed judicial reforms, claiming that they will have a detrimental impact on the country's democratic system. The reforms are seen as a way of weakening the judiciary, which has historically acted as a check on the government's use of power.
There is a wider opposition to the current right-wing government and to Netanyahu himself, with critics suggesting that the reforms will further enable the government to pass laws without any limitations. This has led to accusations that the reforms are designed to protect Netanyahu, who is currently on trial for alleged corruption. The prime minister has denied these charges.
The conflict surrounding the proposed judicial reform in Israel has been escalating for several months, and recently came to a head when Prime Minister Netanyahu announced the firing of Defense Minister Yoav Gallant. This move came just one day after Gallant spoke out against the legislation, urging the prime minister to pause it due to concerns about its impact on national security. Gallant expressed worry that the reform was causing division within Israeli society, even infiltrating the military and other security agencies. He believed that this posed an immediate and serious threat to the country's safety, and refused to support the legislation.
Following Gallant's dismissal, citizens took to the streets in massive numbers, with spontaneous protests breaking out across the country. They blocked major roads and bridges, including a major highway in Tel Aviv. Demonstrators waved Israeli flags, chanted slogans like "Democracy!" and "We are not afraid!", and lit fires on the roads to show their opposition. Police on horseback used water cannons to disperse the crowds. The situation has been tense and volatile, reflecting deep concerns about the future of democracy and civil liberties in Israel.
The Government’s Reaction
During a televised speech on March 27th, Israeli Prime Minister Benjamin Netanyahu declared that his government would halt the consideration of the judicial reforms due to the widespread protests and labour strikes that had erupted throughout the country. He acknowledged the growing tensions in Israeli society and stated that the final reading of the judicial appointments bill would be postponed until the next Knesset session, which is scheduled to commence in May. Despite the delay, Netanyahu affirmed that judicial reforms would still be implemented in some form. The largest labour union and local councils ended their strikes in response to the announcement, but protest organisers have vowed to continue until the legislation is fully revoked. President Isaac Herzog has called for immediate negotiations between Netanyahu and opposition leaders Yair Lapid and Benny Gantz, under the auspices of the President’s Office, to reach a broad agreement on judicial overhaul.
Despite the recent setback, Prime Minister Netanyahu has managed to maintain the support of his right-religious coalition. However, reports from Israeli media suggest that he has agreed to form a new security body called the national guard under Ben-Gvir’s National Security Ministry in order to secure the approval of Mr. Ben-Gvir for the delay. Although allies such as Mr. Ben-Gvir have supported the delay, they remain committed to their plans to reform the judiciary. Mr. Netanyahu is now planning to work with opposition parties, including Yesh Atid and Blue and White, to build consensus before pushing for the Bills. But it remains uncertain how much compromise his allies will accept. Even if a compromise is reached, it remains unclear how the Prime Minister will sell it to the public, given that the recent protests were not solely driven by opposition parties. Mr. Netanyahu has faced numerous challenges during his long career and has emerged stronger from each one. However, this current political challenge may be the toughest he has faced yet.
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Pic Courtesy-Taylor Brandon at unsplash.com
(The views expressed are those of the author and do not represent views of CESCUBE
