Thousands of Israelis waved Israeli flags and held up protest signs in front of the Knesset in Jerusalem. “We are saving democracy,” read one of them. Other protests erupted across the country. Members of many professions participated in a strike.
The Knesset Judiciary Committee approved part of the controversial reform on Monday. A total of three readings in Parliament are required for a change in law. During the committee debate, there were tumultuous scenes the likes of which the Knesset has never seen before, according to Israeli media. Opposition members protested loudly, jumping over tables and repeatedly shouting: “Shame, shame, shame!” before singing one of the country’s clandestine anthems, “I Have No Other Country”.
AP/Ohad Zwigenberg In an allusion to the cult series “Handmaid’s Tale”, women protest against the threat of restriction of their rights
A short time later, they were dragged out of the room by briefcases. A deputy from the opposition Israel Beitenu party broke down in tears over the situation. Tens of thousands of Israelis have been demonstrating for weeks against the Benjamin Netanyahu government’s plan to specifically weaken the Supreme Court and the judiciary as a whole.
President tries to mediate
In view of the extreme tensions between the two camps, President Yitzchak Herzog warned of a constitutional and social breakdown in Israel in a speech on Sunday night. “We are just minutes away from a confrontation, perhaps even a violent one.” He called for dialogue between the two sides and an agreement. He asked the government to suspend the legislative plans.
However, she is not thinking about that at the moment. However, according to Israeli media reports, the two parts of the restructuring of the judiciary could initially be decided only in the Judiciary Committee and not voted on in the plenary for the time being. So far, however, the opposition has called for a complete cessation of the legislative process as a prerequisite for negotiations.
Portal/Maayan Lubell Emotional scenes and riots erupted in the Judiciary Committee
Much more power to the government
The aim of the reform is to give Parliament the power to overrule Supreme Court decisions by a simple majority. The government must also have decisive influence over the appointment of judges at all levels. Critics see this as a threat to the democratic separation of powers.
As a rule, the government has a majority in the unicameral parliament and central authority is more pronounced than in many other democratic states. And there is – unlike Austria, for example – no federal state with its own state governments and courts at this level. In Austria and many other democracies, a two-thirds majority is required for constitutional laws, and therefore opposition involvement is often necessary.
Large demonstration against the restructuring of the judiciary in Israel
Thousands of people protested outside parliament in the Israeli capital, Jerusalem, against laws designed to weaken the judiciary. According to Justice Minister Jariv Levin’s plans, a simple majority in parliament should be able to pass a constitutional law and thus make it immune from a possible overthrow of the Supreme Court for violating fundamental rights.
Rights unsatisfied with court decisions
The right-wing religious government, on the other hand, argues that the supreme court is wielding too much political influence. The background to this is that there is no constitution in Israel, but two constitutional laws were passed in the 1990s, on the basis of which the supreme court repeatedly overturned government decisions and laws – in itself a normal process, but one that repeatedly encounters criticism. from the right wing too, because the right wing parties didn’t like the decisions.
In terms of power politics, the right-wing, far-right and ultra-Orthodox parties in the coalition want to limit the court’s power for very practical reasons: Arie Deri, a key coalition partner, was declared non-ministerial by the Supreme Court because of several final criminal convictions. And Prime Minister Netanyahu was tried for corruption last year and would also have to resign if he was convicted.
With the shift in power in favor of the government, the right-wing religious coalition can also implement planned projects without being overturned by the Supreme Court. The ban on discrimination under one of the two existing articles of the constitution must be lifted so business owners can refuse to serve customers based on their faith, which would affect LGBTQ people and other minorities, for example. And the government would have more freedom in repressive measures in the occupied territories.
AP/Oded Balilty Protesters on their way to the Knesset
Damage to Israel’s democratic image?
For years there has been a tectonic social shift to the right in Israel – in part comparable to Poland, Hungary and the United States. With the planned restructuring of the judiciary, Netanyahu is emulating his political friend Viktor Orban, as several Israeli media critical of the government have emphasized in recent weeks. With one big difference: Orban’s room for maneuver is limited by EU membership, as he is dependent on its financial aid.
For Israel, on the other hand, the important foreign policy image of being the only democracy in the region could be damaged. US President Joe Biden indirectly warned Netanyahu via the New York Times on Sunday that finding consensus is crucial for both democracies, the US and Israel. Both democracies are “built on strong institutions, the separation of powers and an independent judiciary,” according to a US president’s remarkably clear statement about internal events in Israel.