In a televised address Monday night, the prime minister said that the legislation was “necessary” and would stop elected officials from being overruled. But his critics argue that he has bowed to pressure from extremists, driven by personal ambitions and animosity toward Israel’s judiciary after he faced numerous legal problems.
Israeli streets were relatively calm on Tuesday. But among those opposing the judicial overhaul, there are fears that this is just the start.
How does the new law impact Israel’s Supreme Court?
The measure passed Monday, known as the “reasonable standard bill,” was just one part of the initially proposed overhaul, which was put forward by Netanyahu and his ultranationalist and ultra-Orthodox religious allies in January. It takes aim at an important Israeli institution: the Supreme Court.
Until now, Israel’s top court has been able to block decisions made by the prime minister’s cabinet that it deems “unreasonable.” Supporters of the court have said this is an important check on the government’s power in a country where the opposition has little ability to block legislation. Netanyahu’s supporters, however, say this is too much power for the court and undemocratic.
The new measure will alter Israel’s “Basic Law” — a set of laws that serve in place of a constitution — to place limits on the Supreme Court’s ability to block decisions. The court will not be able to use the “unreasonable” argument to block moves made by the prime minister or the cabinet as a whole, as well as decisions made by ministers that fall under the powers of their office.
The measure was passed 64-0 in Israel’s 120-seat Knesset, or parliament, with opposition lawmakers boycotting the final vote after failed attempts to find a compromise.
Can the Supreme Court block the decision?
Opposition leader Yair Lapid and others have suggested that the Supreme Court needs to weigh in on the decision.
However, it remains unclear under what authority the Supreme Court could challenge the “reasonable standard bill.”
The Movement for Quality Government, a grass-roots group that has been a key organizer of protests, on Monday petitioned Israel’s Supreme Court to strike down the law, writing that it “fundamentally changes the basic structure of Israeli parliamentary democracy and the nature of the regime, while de facto abolishing the judiciary and seriously damaging the delicate fabric of the separation of powers and the system of checks and balances in the State of Israel.”
Attorney General Gali Baharav-Miara, meanwhile, wrote a letter to the Supreme Court that asked it to overturn a law passed earlier this year that bars her from declaring the prime minister incapacitated.
What are the other parts of the proposed overhaul?
The overall judicial package has two other major aims. One would give the Knesset the power to override Supreme Court decisions with a simple majority of 61 votes. Another would give the government the final say on the appointment of judges.
Before Netanyahu backed off his initial plan in March, many had expected the government to push through the package all at once. Now, the government appears to be taking a piecemeal approach — though the defiance shown by passing the “reasonable standard bill” suggests that there are no intentions to back off.
How will the overhaul impact Israel?
In Israel’s parliamentary system, there is no separate legislature to put a check on the executive, or prime minister. Amid fractious and polarized politics, Netanyahu was forced to rely on smaller and more-extreme parties to form a coalition government last year.
The impact of limits on the power of Israel’s judiciary could be immediate. For example, many expect Netanyahu to appoint a longtime ally, ultra-Orthodox party leader Aryeh Deri, as head of three key ministries. Deri had been blocked from taking the positions in January when the Supreme Court said it was “unreasonable” to appoint him after he pledged to retire from public life following a tax fraud conviction last year.
An unchecked far-right Israeli government could also dramatically alter life for Palestinians. The Supreme Court has sometimes played a role in supporting the rights of Palestinian citizens of Israel. Some members of the governing coalition have called for the full annexation of the occupied West Bank.
Rather than strengthen the government, the measure could weaken it. Since January, hundreds of thousands have taken to the streets of Tel Aviv and other cities to protest the judicial proposal. On Saturday, more than 10,000 military pilots and soldiers threatened not to report for volunteer duty if the government refused to back off its plan.
Even supporters of the government fear that approval of the overhaul could bring the country to a standstill. In March, Netanyahu fired his defense minister, Yoav Gallant, after Gallant called on the government to halt its plan, warning of potential security problems for Israel if reservists walked out.
Netanyahu — who suffered a health scare Sunday and was rushed to a hospital for an emergency cardiac procedure — may also face further international isolation, with the Biden administration critical of the planned overhaul and pressuring the Israeli government to work toward a compromise.
Adam Taylor, Miriam Berger
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