by Davide Frattini, correspondent from Jerusalem
The two high-ranking representatives of the judiciary reject the new government’s judicial reform project: Democracy in danger
The water pouring over heads, hoods and umbrellas is not that of the fire hydrants threatened by Minister of National Security Itamar Ben-Gvir. Some joke that it takes more guts to face the storm on a Saturday night than it does to face the police charges led by the far-right leader, for the same reasons: The frozen jets have been used in the past to disperse ultra-nationalists who support him.
At least 100,000 are turning out in Tel Aviv, thousands in Jerusalem and Haifa, clogging the streets of the country’s three largest cities with protesters at a rate not seen since the cost-of-living protests 12 years ago. Now, organizers and participants say it is Israeli democracy that risks paying too high a price: the project being carried out by Benjamin Netanyahu’s new government to reform the judiciary – according to opponents, to be dismantled. Starting with the Supreme Court, what it can decide, how much it can influence how its judges are chosen. The plan aims to subject the Supreme Court, which has been accused of hyperactivism and transgression, to the scrutiny of politicians, Parliament and, above all, the majority that it is expressing at the moment. From the far-right majority at the moment.
At weekly meetings with ministers, Netanyahu invokes the will of the people, repeating: millions of people voted for us precisely because they want this change. The left also spoke of necessary corrections during the election campaign. The magistrates, the former judges of the High Court, rebel against this vision – we would end up in an authoritarian regime like Poland, Hungary or Turkey – and especially the woman who has presided over it since 2017. The rules would represent a mortal blow to the nation’s democratic identity, commented Esther Hayut. The announced clause would remove the court’s ability to reject laws that violate human rights, including those on life, property, freedom of movement and freedom of speech. Gali Baharav-Miara, who took the stage after her at the same conference, refuted the statements made by the groups in power, an attack from within since the Attorney General also acts as the government’s legal adviser: he was appointed ahead of the November elections, she risks being fired. The changes are based on the idea that majority rule is the basis of democracy. Not the only condition: separation of powers, protection of the individual and prevention of arbitration against minorities are required.
The reform being pushed by Netanyahu’s Likud, who is on trial for corruption, and by the ultra-nationalist settler fringes, who have always viewed the Supreme Court as a bastion of the left and the last obstacle to their goal of taking the West Bank and Territories annex should form a future Palestinian state. Returning to power after 563 days, the prime minister and leader with the most years at the helm in the country’s history is only partially trying to calm the allies’ most riotous incursions.
Like the appearance of MP Zvika Fogel, who called for the arrest on treason charges of Yair Lapid, prime minister until a few weeks ago, and other opposition leaders like Benny Gantz, the former chief of staff, for warning that Netanyahu was leading us to civil wars and incitement to supporters, to take to the streets in a war for our homes.
January 16, 2023 (change January 16, 2023 | 00:39)
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