What's next for Israel after Netanyahu’s judicial overhaul?
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In the view of many Israelis, their judiciary has been one of the only real checks on government power in a weak political system. Hundreds of thousands of protesters took to the streets in recent months in opposition to Prime Minister Benjamin Netanyahu’s push to radically change it. Are you on Telegram? Subscribe to our channel for the latest updates on Russia’s war in Ukraine. ArrowRight But on Monday, Netanyahu’s far-right government won the first part of that battle, as parliament approved one key proposal: a major limit on the Israeli Supreme Court’s power to strike down government action it considers “unreasonable.”
The Israeli prime minister, who has had numerous run-ins with the law during his time in politics, has argued that the move is necessary to stop judicial overreach. But his critics argue that, driven by personal ambitions and animosity toward Israel’s legal system, he has bowed to pressure from extremists.
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And among those opposing the overhaul, there are fears that this is just the start.
How does the new law impact Israel’s Supreme Court?
The measure passed Monday, known as the “reasonable standard bill,” was just one part of the initially proposed overhaul, which was put forward by Netanyahu and his ultranationalist and ultra-Orthodox religious allies in January. It takes aim at an important Israeli institution: the Supreme Court.
Until now, Israel’s top court has been able to block decisions made by the prime minister’s cabinet that it deems “unreasonable.” Supporters of the court have said this is an important check on the government’s power in a country where the opposition has little ability to block legislation. Netanyahu’s supporters, however, say this is too much power for the court and undemocratic.
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The new measure will alter Israel’s “Basic Law” — a set of laws that serve in place of a constitution — to place limits on the Supreme Court’s ability to block decisions. The court will not be able to use the “unreasonable” argument to block moves made by the prime minister or the cabinet as a whole, as well as decisions made by ministers that fall under the powers of their office.
The measure was passed 64-0 in Israel’s 120-seat Knesset, or parliament, with opposition lawmakers boycotting the final vote after failed attempts to find a compromise. Opposition leader Yair Lapid has suggested that the Supreme Court itself needs to weigh in on the decision, though it is not clear under what legal precedent it would do so.
What are the other parts of the proposed overhaul?
The overall judicial package has two other major aims. One would give the Knesset the power to override Supreme Court decisions with a simple majority of 61 votes. Another would give the government the final say on the appointment of judges.
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Before Netanyahu backed off his initial plan in March, many had expected the government to push through the package all at once. Now, the government appears to be taking a piecemeal approach — though the defiance shown by passing the “reasonable standard bill” suggests that there are no intentions to back off.
How will the overhaul impact Israel?
In Israel’s parliamentary system, there is no separate legislature to put a check on the executive, or prime minister. Amid fractious and polarized politics, Netanyahu was forced to rely on smaller and more-extreme parties to form a coalition government last year.
The impact of limits on the power of Israel’s judiciary could be immediate. For example, many expect Netanyahu to appoint a longtime ally, ultra-Orthodox party leader Aryeh Deri, as head of three key ministries. Deri had been blocked from taking the positions in January when the Supreme Court said it was “unreasonable” to appoint him after he pledged to retire from public life following a tax fraud conviction last year.
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An unchecked far-right Israeli government could also dramatically alter life for Palestinians. The Supreme Court has sometimes played a role in supporting the rights of Palestinian citizens of Israel. Some members of the governing coalition have called for the full annexation of the occupied West Bank.
Rather than strengthen the government, the measure could weaken it. Since January, hundreds of thousands have taken to the streets of Tel Aviv and other cities to protest the judicial proposal. On Saturday, more than 10,000 military pilots and soldiers threatened not to report for volunteer duty if the government refused to back off its plan.
Even supporters of the government fear that approval of the overhaul could bring the country to a standstill. In March, Netanyahu fired his own defense minister, Yoav Gallant, after Gallant called on the government to halt its plan, warning of potential security problems for Israel if reservists walked out.
Netanyahu — who suffered a health scare Sunday and was rushed to a hospital for an emergency cardiac procedure — may also face further international isolation, with the Biden administration critical of the planned overhaul and pressuring the Israeli government to work toward a compromise.
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Source: The Washington Post
