Esther Hayut delivers a speech during her swearing-in ceremony at the Israeli President’s Residence in Jerusalem October 26, 2017. Photo by Thomas Coex/AFP via Getty Images
Israeli Supreme Court President Esther Hayut warned Thursday that the Netanyahu government’s plan to overhaul Israel’s judicial system aims to “crush” the independent judiciary and, if implemented, the country’s democracy ” a fatal blow”.
Why it matters: Such a sharply worded speech by Israel’s chief justice on government plans is unprecedented. It also reflects the concern of many that heightened tensions over the plan could tear Israeli society apart.
Catch up fast: The government’s plan, if implemented, will severely limit the Supreme Court’s ability to review and strike down laws.
- That includes passing legislation that would allow the ruling coalition to overrule Supreme Court rulings with a simple majority of 61 votes in the 120-member Knesset.
- It also seeks to end the Supreme Court’s ability to overturn administrative decisions of the government on grounds of “reasonableness,” significantly reducing judicial oversight.
The plan provides give the government and the coalition in parliament absolute control over the appointment of judges.
- In addition, the plan envisages changing the law to allow ministers to appoint political officers in their departments as legal advisers, which is not within their competence today.
The Impact: Experts say the plan’s implementation will eliminate the judiciary’s ability to seize control of the executive and legislature, both of which are controlled by the ruling coalition.
What you say: “The government’s plan is a relentless attack on the judicial system as if it were an enemy that should be defeated,” Hayut said in a speech broadcast live on Israeli television.
- “Those who designed the plan cynically say it is to fix the justice system. I say he should smash it and deal a fatal blow to the independence of the judiciary and turn it into a silent department,” Hayut added.
- She also stressed that the government’s plan will strip judges of the tools to protect human rights and the rule of law.
- Hayut said contrary to government claims, the court has struck down 21 laws over the past 30 years – fewer than many other western democracies, including the US, Canada and Germany.
- Hayut also said Israel’s system of appointing judges is “balanced, professional and fairly represents all relevant stakeholders.” She added that the reason the government wants to implement the changes is “to politicize the courts.”
- “The effects of this bad plan will irreparably change the democratic character of Israel. That’s not the way to go,” she said.
The other side: Minutes after Hayut finished her speech, Israel’s Justice Minister Yariv Levin delivered a speech of his own, in which he accused Hayut of turning the Supreme Court into “a political party that sees itself as above the Knesset and above the people.”
- He claimed Hayut had sided with the opposition and said her speech was “a call to set fire to the streets”.
- Prime Minister Benjamin Netanyahu did not immediately comment on Hayut’s speech, but many of his coalition members joined Levin in attacking the chief justice.
Something to see: Grassroots organizations and Israeli opposition parties have planned protests against the government’s plan for Saturday.
- The opposition hopes tens of thousands of people will take part in the main demonstration in Tel Aviv and more in separate demonstrations across the country.
- National Security Minister Itamar Ben-Gvir ordered police to crack down on the protesters, using water cannons and arresting those who tried to block roads.
- In a statement released after police commanders met Ben-Gvir on Thursday, Israel Police claimed there was information that some protesters were planning riots.
- The organizers of the protests said it was an attempt by the police to delegitimize the protesters. Several opposition leaders wrote letters to the police chief, urging him to ensure that police officers did not use force against the demonstrators.
go deeper: US stresses need for “independent institutions” as Israel seeks to weaken judiciary