Israel takes the "first step" in judicial reform, with controversy surrounding judicial reform | Netanyahu

On July 24th, the Israeli parliament voted to pass a bill that deprives the Supreme Court of the power to reject government decisions on the grounds of "unreasonable", which is seen as the "first step" taken by the Israeli government in carrying out judicial reform.

Since the beginning of this year, the Israeli government has been committed to promoting judicial reform in order to enhance its influence in the country's political life. But critics are concerned that this move will weaken the power of the judicial system. As opposition intensifies, protests are spreading in the country's politics, economy, security, and other fields.

take the first step

After months of deliberation, this bill, which revolves around "reasonableness", was finally voted on in the Israeli parliament on the 24th. All 64 members of parliament from the ruling coalition voted in favor. Even Prime Minister Netanyahu, who had just undergone a pacemaker implantation surgery in the early hours of the 23rd, personally went to parliament to witness this moment.

On the other hand, 56 members of the opposition camp collectively left early to express their protest against the bill. Outside the Parliament building, a new round of large-scale protests erupted, with thousands of protesters taking to the streets and engaging in friction with the police. Hundreds of major enterprises have also gone on strike, and tens of thousands of reserve soldiers have threatened to refuse to report in order to force the government and parliament to repeal the "reasonable" bill.

At the same time, Israel's major stock indexes fell more than 2% yesterday, and the exchange rate of the Israeli currency, the shekel, also weakened against the US dollar. Even Israel's important ally on the international stage, the US government, expressed regret over the passage of the "reasonable" bill.

However, one of the drafters of the bill, Israeli Minister of Justice Arif Levin, stated that this is "the first step in an important historical process.".

The Guardian reported that Israel's largest domestic crisis in history has entered a new chapter.

Why is it causing controversy

The controversy over Israel's judicial reform can be traced back to the time when the Netanyahu government came to power at the end of last year. At that time, Netanyahu led the Likud group to win parliamentary elections, but in a turbulent and divided situation, he had to form a coalition government with extreme right-wing political parties. The public opinion believes that Netanyahu is to some extent constrained by the far right political party as his governing partner.

After taking office in December last year, the government led by Netanyahu has been committed to promoting judicial reform to restore the "lost balance" between government departments and "uphold or even strengthen individual rights.".

However, Israeli public opinion points out that if the Netanyahu government's judicial reform plan is implemented, it will be the most "disruptive" political change in Israel since its founding in 1948.

It is reported that in this reform plan, depriving the Supreme Court of the power to reject government decisions on the grounds of "unreasonable" is only the first step. Other reform proposals include allowing parliament to veto Supreme Court decisions with a simple majority, granting the government greater power in appointing judges, and so on. According to US media reports, Netanyahu defended his plan by saying that in countries like the United States, politicians also control the appointment of federal judges.

In the view of supporters of judicial reform, given that Israel does not have a formal written constitution and only has basic laws such as the Parliamentary Law, the Supreme Court has relatively greater power, and in recent decades, it has increasingly intervened in political decisions, which needs to be changed.

But critics are concerned that this move will weaken the power of the judicial system, including its binding force on the government, thereby opening the door to abuse of power. Especially considering that the Israeli Prime Minister often holds power with a parliamentary advantage, this means that the Prime Minister actually controls both the administrative and legislative systems, with the Supreme Court playing a crucial supervisory role.

"In the eyes of many Israelis, their judicial system is the only true constraint on government power in a weak political system," The Washington Post wrote.

The reason why this judicial reform has caused widespread controversy is also related to the fact that this government is widely regarded as Israel's "most right-wing government in history". Some government members have been criticized for expressing extremist views. Many people are concerned that if the power of the Supreme Court is weakened, the government may take more radical measures.

Some critics believe that Netanyahu's push for judicial reform is aimed at protecting himself from trial. In recent years, Israeli police have suggested prosecuting Netanyahu on multiple corruption cases, but Netanyahu denies any wrongdoing.

In recent months, thousands of protesters have continued to take to the streets, opposing the government's push for judicial reform. Other calls for a suspension of judicial reform include Netanyahu's defense minister, Yoyaf Galant.

Given the huge controversy caused by the Israeli government's forced push for judicial reform domestically, President Isaac Herzog has urged a compromise between supporters and opponents of the reform.

This matter has also attracted international attention. US President Biden once claimed to be Israel's true friend, but he also criticized the Israeli government's push for judicial reform and called for a broad consensus rather than intensifying division.

It is reported that Netanyahu originally planned to comprehensively promote judicial reform, but adopted a strategy of advancing one by one amidst the huge opposition. At present, there has been no significant progress in the other reform proposals.

Faced with a constitutional crisis?

Once the "reasonable" bill is implemented, it is expected to soon have an impact on the internal and external situation in Israel.

At the domestic level, once Israel's judicial power is weakened, Netanyahu may push his long-term ally Ariel Delhi back into the cabinet.

Delhi was found guilty by the court last year on suspicion of tax fraud and sentenced to one year's probation. But in the parliamentary elections held in November last year, his religious party Shas Party won 11 seats, becoming the third largest party in parliament. As a condition for the Shas Party's support in forming a cabinet, Netanyahu pushed for parliament to pass a law allowing Delhi, who is still on probation, to serve as a minister in the new government.

But in January of this year, the Israeli Supreme Court ruled that Delhi's ministerial appointment "completely deviated from a reasonable range" and demanded that Netanyahu dismiss him.

Therefore, Netanyahu had to "carry a heavy heart" to dismiss Delhi from his ministerial position, and stated that the Supreme Court's decision to dismiss Delhi "disregarded the will of the people.". This matter is also seen as a microcosm of the opposition between Netanyahu and the Supreme Court.

At the international level, once the binding force of the Israeli Supreme Court on the government is weakened, this "rightmost government in history" may take more radical measures on the Palestinian Israeli issue, thereby exacerbating tensions and raising concerns.

In addition, the Netanyahu administration's insistence on implementing controversial judicial reform plans may lead to discord with the United States.

However, despite overcoming the challenges in parliament, the implementation of the "reasonable" bill still faces challenges. The Israel Federation of Trade Unions threatens a strike, and the Bar Association is preparing to launch a legal challenge

How the Israeli Supreme Court will determine the "reasonable" bill is of great concern. If the Supreme Court rejects it, the government choosing not to comply may trigger a rare constitutional crisis in Israel.

To resolve the crisis, Netanyahu stated yesterday that he will seek dialogue with the opposition with the aim of reaching a comprehensive agreement by the end of November. It is reported that the session of the Israeli parliament will end at the end of July and resume in October.