Israeli Judicial Reforms Spark Mass Protests

Protestors demonstrate near the Israeli Supreme Court | Photo Credit: Ilan Rosenberg/Reuters via The Guardian

What is Happening in Israel?

Since January, hundreds of thousands of Israeli protestors have been taking to the street in opposition of a set of proposals from Israel’s hard-right government.

These proposals would limit the power of Israel’s Supreme Court and give the Knesset, Israel’s parliament, the power to override decisions of the Supreme Court. With a simple majority vote in the Knesset, the decisions of the Supreme Court would be overruled. 

For months protesters have called for the abolition of these proposals and for Netanyahu’s resignation. Protesters include trade unions, youth groups, diplomats, business leaders, and soldiers. Members of the military have refused to report for duty, provoking concern over Israel’s security.

On Mar. 26, Israeli Prime Minister Benjamin Netanyahu announced his intention to fire Defense Minister Yoav Gallant, after he expressed opposition to the proposals. Despite Netanyahu reversing his decision to fire Gallant on Apr. 10, the move sparked further protests across the country. Airports, universities, and shopping centres closed due to the demonstrations.

Netanyahu placed the proposals on hold on Mar. 27 after the leader of the far-right Jewish Power party, National Security Minister Itamar Ben-Gvir agreed to postpone it. Ben-Gvir said he would agree to the delay “in exchange for Netanyahu’s commitment that the legislation will be brought to the Knesset for approval in the next session.” Prime Minister Netenyahu’s decision is also reliant on far-right ministers in his cabinet, who have demanded for the reforms to be passed without alteration.

What is Fueling the Protests?

With these reforms, the Supreme Court would no longer be allowed to oversee Israel’s Basic Laws, which act as its constitution. 

Politicians would also have more of a say in appointing judges. Currently, judges are appointed by the Judicial Selection Committee, which is composed of the Minister of Justice, an additional cabinet minister, the President of the Supreme Court, two other justices of the Supreme Court, two Members of Knesset, and two representatives of the Israel Bar Association. 

Seven out of the nine committee members need to support a vote for a member to be selected. However, the reforms would have the two members of the Israel Bar Association replaced with two “public representatives,” meaning the majority of the committee would be made up of the sitting government. 

Some argue that an override is beneficial because it represents the wants of the majority. While members of the Knesset are not directly selected by voters, they are represented by parties running in elections, and therefore still speak for Israel’s citizens.

Currently, if the Knesset wants to enact laws that infringe on rights set out in the constitutional documents, including privacy or freedom of speech or religion, it would be considered an unconstitutional law and may be questioned by the Supreme Court. In the past three decades, 20 such laws have been labelled unconstitutional by the Supreme Court. The judicial reforms would allow the Knesset to still pass these laws even if they are rejected by the Supreme Court.

Palestinian groups have also voiced concerns with the proposed reforms. 

“The government’s assault on the judiciary is driven by the same urge as the state’s founders: to protect their power to privilege Jews over Palestinians.”, Palestinian rights advocate Yousef Munayyer wrote in the +972 Magazine.

Why is the Government Opposed to the Judiciary?

Israel’s government is currently a coalition made up of a collection of right-wing parties; Netanyahu’s conservative Likud party, ultranationalist settlers, and the ultra-Orthodox. The coalition has claimed that Israel’s judiciary is too left-leaning and eager to intervene in government decisions. Concern was also expressed that the Supreme Court would prioritise minority rights over national interest.

However, protesters claim that the overhaul is likely just another power move that will allow the government to act on extreme right interests.