Mass protests, judicial reforms and danger for democracy. What's happening in Israel?

What is Israel's controversial judicial reform law, what's wrong with it and why are so many Israelis protesting?

An injured man is dragged away by two policemen.

Benjamin Netanyahu's divisive plan to reshape Israel's justice system despite massive protests has exposed unprecedented fissures in Israeli society. Source: AP / Ariel Schalit

The Knesset, Israel's parliament, has ratified the first bill of a judicial overhaul sought by Prime Minister Benjamin Netanyahu after last-gasp compromise efforts collapsed and failed to ease a constitutional crisis that has been convulsing the country for months.

The amendment, part of borader judicial changes the government announced in January, passed by 64-to-0 after opposition MPs abandoned the session in protest, some of them shouting: "For shame!"

Demonstrations against the amendment began early in the day, with police dragging away protesters who had chained themselves to posts and blocked the road outside parliament. By Monday evening, protesters had taken to the streets of cities across the country.

Thousands of protesters flooded a highway near parliament, scuffling with police who cleared the road by dragging them across the asphalt and using water cannons, including one that sprayed a foul-smelling substance.

What is the new 'reasonableness' bill?

It is an amendment to limit the Supreme Court's ability to void decisions it deems "unreasonable" made by the government and ministers.

Proponents say this would allow more effective governance while still leaving the court with plenty of scope for judicial oversight. Critics say it would open the door to corruption and abuses of power.

What's the government's problem with the judiciary?

Many in the ruling coalition see the bench as left-leaning, elitist and too politically interventionist, often putting minority rights before national interests and assuming authority they say should only be in the hands of elected officials.

Why are so many Israelis protesting?

They believe democracy is in danger.

Many fear that Netanyahu - who is embroiled in a long-running trial for corruption which he denies - and his hard-right government will curb judicial independence, with serious diplomatic and economic fallout.
A judiciary no longer seen as independent could also strip Israel of one of its main defences in international legal cases.

Why are proposed changes stirring such serious concern?

Israel's democratic "checks and balances" are relatively fragile. It has no constitution, only "basic laws" meant to safeguard its democratic foundations. In its one-chamber Knesset, the government controls a majority, and the president's office is largely ceremonial. So the Supreme Court is seen as a bastion of democracy protecting civil rights and the rule of law.

Critics say that the changes will weaken the courts and hand unbridled power to the government, endangering rights and liberties with catastrophic effects for the economy and relations with Western allies, who have already voiced concern.

Are there other changes planned?

Unclear.

Netanyahu has indicated that he wants changes to the way judges are picked but not necessarily as already crafted in another bill that awaits a final Knesset reading.

There are proposals being floated, including changes to legal advisers' positions. Opposition lawmakers say his coalition is trying to carry out a piecemeal overhaul that will gradually restrict the courts' independence, one law at a time.

The coalition says it is pursuing justice reforms responsibly.

More deadlock loomed, however. Within minutes of the vote, a political watchdog group and the centrist opposition leader said they would appeal against the law at the Supreme Court.

Israeli society deeply divided

The crisis has caused a deep divide in Israeli society and has seeped into the military, with protest leaders saying thousands of volunteer reservists would not report for duty if the government continues with the plans and former top brass warning that Israel's war-readiness could be at risk.

Justice Minister Yariv Levin - an architect of the reforms package which Netanyahu has said is needed to create more balance among branches of government - sounded undeterred.

"We took the first step in the historic, important process of fixing the justice system and restoring powers that were taken from the government and the Knesset," he said in a speech.

The head of the Histadrut labour federation, after failing to mediate a compromise between the religious-nationalist coalition and opposition parties, threatened to declare a general strike if the government pursued "unilateral" measures.
Knesset Vote On Judicial Bill Overhaul As Protestors Converge In Jerusalem
Police officers use water cannons to evacuate protesters in Jerusalem. Source: Getty / Amir Levy
The ruling coalition has been determined to push back against what it describes as overreach by a Supreme Court that it says has become too politically interventionist.

Critics say Monday's amendment has been rushed through parliament and will open the door to abuses of power by removing one of the few effective checks on the executive's authority in a country without a formal written constitution.

A forum of 150 of Israel's largest companies went on strike, and Azrieli and Big, two of Israel's largest malls, said stores in their shopping centres would remain closed. Opposition leader Yair Lapid said, "This government can win the battle but not the war".

Share
5 min read
Published 25 July 2023 6:58am
Updated 25 July 2023 12:27pm
Source: AAP



Share this with family and friends