Israel’s parliament on Monday passed a measure to strip judges of the power to overrule government decisions they deem “unreasonable”.
Eight months in which Israelis have vented their anger at contesting a judicial reform desired by Prime Minister Binyamin Netanyahu. But the road will ultimately not have been heard. The Knesset, the country’s parliament, on Monday (July 24) passed a landmark measure barring judges from overturning government decisions they deem “unreasonable”.
It was endorsed by the 64 elected officials (out of a total of 120 seats) of Binyamin Netanyahu’s coalition, who insisted on his presence despite his recent hospitalization for the installation of a heart simulator. Opposition politicians have decided to boycott the vote. This is the first major element of the judicial reform announced by the government on January 4 to come into effect. Franceinfo explains why this measure is causing an outcry in Israel.
A weakened Supreme Court
The text adopted on Monday at second and third reading refers to the “adequacy clause”. Until then, the Supreme Court could overrule government decisions it deemed improper. But Supreme Court critics said he misinterpreted Israel’s basic laws, which serve as its constitution, and abused his powers by repealing laws.
With this reform, a clause now prevents the judiciary from being able to invalidate a government decision by assessing its “reasonableness”. Obviously, the judiciary weakens in relation to the executive.
To understand the impact of such a measure, just look at a recent example from the news from Israel. In January the Supreme Court invalidated the appointment of Arie Dery, convicted of tax evasion, as Home and Health Secretary. She thought it was unreasonable for him to be in government. Binyamin Netanyahu was forced to dismiss him out of anger at the judges.
The fear of an anti-democratic drift
A few hours before the vote, hundreds of demonstrators, who still believed in a turnaround, blocked the entrance to Parliament, despite police water cannons. According to Haaretz, a left-wing Israeli daily, mobilization continued after the text was passed, with thousands of protesters at various locations in Jerusalem. Among them, a former prosecutor took the floor and accused the prime minister of “waging a bitter and damaging fight against the state that brought him to justice, the Netanyahu case against the State of Israel,” Haaretz reports.
While the government believes this reform is necessary to ensure a better balance of power, its critics see it as a threat to democracy. The popular protests have brought together tens of thousands of protesters every week since January. With an unprecedented situation: even the army, which is usually little rebellious against the executive branch, is questioning the bill. At least 1,100 Air Force reservists are threatening to suspend their voluntary service. The United States also urged its loyal ally Israel not to rush. “The goal should be to bring people together and find consensus,” US President Joe Biden said on Sunday.
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After Monday’s crucial vote, Yaïr Lapid, opposition MP and former Prime Minister, gave assurances that he would not give up. “Tomorrow first thing [mardi]”We will petition the Supreme Court against this law, against the unilateral annulment of the democratic character of the State of Israel and against the undemocratic and predatory way in which the discussions in the Constitutional Committee were conducted,” he said at a press conference, the broadcaster i24news reports.
Other provisions are also controversial
Other provisions arouse the ire of the opposition, such as the amendment to the process of appointing judges, which MEPs already approved at first reading. Judges, including those of the Supreme Court, are currently selected by a nine-member commission of judges, MPs and lawyers, under the supervision of the Minister of Justice. The bill would expand the presence of ministers and MPs while removing lawyers from that body.
The only reason for satisfaction for opponents: Benjamin Netanyahu abandoned the “exception clause” on June 29, which was also a cause for concern. Its purpose was to give the Knesset the power to prevent the Supreme Court from repealing a law by a simple majority.