In response to a nationwide general strike and mass protests on March 27, Prime Minister Benjamin Netanyahu relented somewhat in his government’s pursuit to reform Israel’s judiciary, announcing that the measure would be postponed until the next session of the Knesset (parliament). Although nationwide demonstrations opposing the planned judicial overhaul have been occurring since January, they quickly intensified after Netanyahu fired Defense Minister Yoav Gallant on March 26 over his call for a suspension of the judicial reforms. Israel’s largest trade union, Histadrut, went on strike March 27, prompting widespread disruptions across the country. Universities announced that they would cease all classes. Israeli diplomatic missions, including consulates and embassies around the world, joined in. Banks also participated in the work stoppage. Authorities at Ben Gurion International Airport in Tel Aviv (TLV) suspended some inbound and outbound flights. Moreover, even Israeli military personnel also threatened not to show up to work.
The government coalition has also indicated that it will attempt to bring about the reforms through dialogue; however, it remains to be seen if Netanyahu is sincere about negotiating with the political opposition. Should negotiations fail and the government moves forward unilaterally, the demonstrations and strikes will almost certainly increase in terms of frequency, intensity, and scale.
The Judicial Reforms
The proposed amendments will fundamentally alter the current legal framework in Israel. The Supreme Court, which the current government coalition is accusing of judicial activism, will no longer enjoy the powers it does have. Instead, the legislative and executive branches will have more of a say in the realm of the public policy decision-making process, including the buildup of settlements in the West Bank. If the changes are passed, the committee will consist of 11 members: the Minister of Justice, who will serve as the Chairman of the Committee, two Supreme Court judges, and other representatives who will come from the ruling coalition. This new setup will enable the government to have complete control over the appointment and dismissal of the judges. Another component of the proposed changes includes the override clause, which will enable the Knesset to strike down any interpretation by the Supreme Court to Basic Law. The override clause will also grant the Knesset the authority—at least in certain circumstances—to overrule a judicial decision disqualifying a law.
Israel does not have a written constitution. This is because, at the time of the country’s establishment in 1948, various groups and prominent political leaders could not agree on the guiding principles defining the state, its identity, and vision. The country has what are called the “Basic Laws of Israel,” which are 13 quasi-constitutional laws; many of these laws are enshrined in the country’s Declaration of Independence and are designed to protect individual liberties and outline relations between different government institutions. The basic law, which is concerned with Human Dignity and Liberty, enjoys a super-legal status, granting the Supreme Court the authority to strike down any law challenging or contradicting it. The Basic Laws were supposed to serve as draft chapters of a future constitution, which has yet to materialize.
Under the current legal framework in Israel, the Supreme Court has the authority to conduct a judicial review of all legislation, government decrees, and other orders issued by state institutions. The Supreme Court also has the authority to disqualify any piece of legislation or executive order that it deems is in violation of the Basic Laws. The new Israeli government, in its current makeup, came to power in December. It is largely composed of several ultra-Orthodox Jewish parties whose members got elected on the promise of overhauling the country’s judicial system and expanding Israeli settlements in the West Bank. The judicial reforms are essentially a series of amendments that will redefine the current balance of power in Israel.
The current judicial system, which is responsible for the selection of judges and Supreme Court justices, constitutes nine members. Three members come from Israel’s Supreme Court judges, two from representatives of the Bar Association, two are lawmakers from the Knesset, and two are members of the cabinet. A simple majority vote in this committee is what it takes to select judges to courts. Seven members must agree for the selection of Supreme Court judges. Advocates of the current system maintain that it is based upon consensus as it has buy-in from politicians and other stakeholders from government. Critics maintain that the consensus is one-sided because right-wing governments must compromise, while left-wing ones require no such arrangement. The assumption on the part of the critics here is that the left-leaning members of the committee vote as a block and already make up the majority of Supreme Court judges.
Israel, as the protests and labor actions have demonstrated, suffers from severe polarization that goes beyond politics. The proposed changes have prompted such a strong response because they will definitely touch upon the very national identity of the country. On one side of the political spectrum are those who are advocating for a secular and pluralist society. On the other end are religious and ultra-Orthodox groups who espouse a more nationalistic orientation and form the base of the current ruling coalition. What happens next will be up to Netanyahu and his allies. The general strike, launched by Histadrut, clearly demonstrates that unilateral action can simply not move forward without causing significant damage to the Israeli economy. Netanyahu’s decision to delay the overhaul demonstrates that the only way is likely through dialogue and a consensus among all stakeholders. What follows next will define Israeli politics and society for years to come.
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