The bill was approved in a chaotic session, securing 64 votes majorly from the coalition of the hardline cabinet, while all the 56 opposition lawmakers voted against it.
Dubbed the “reasonableness ” clause, the bill includes putting restrictions on Supreme Court decisions that by stripping judges of their authority could limit its ability to overturn the decisions of the government, ministers, and elected officials.
To become a law, this bill has to pass three readings in the 120-member Knesset whose majority is the right-wing parties. Since the parliament is controlled by the hardliners, Netanyahu will have no hard job doing so.
But since this project is facing strong opposition and has already fomented an internal crisis in the past months, Netanyahu, in order to prevent the expansion of the scope of the crisis, in justifying this action claimed that its purpose is to establish a balance between the institutions of power by reducing the powers of the court in favor of the parliament.
“It is not the end of democracy, it strengthens democracy," Netanyahu said in a video statement as the Knesset debated the bill, adding: "Even after the amendment, court independence and civil rights in Israel will not be harmed in any way. The court will continue to oversee the legality of government action and appointments.”
Netanyahu rejected a proposal of President Issac Herzog concerning judicial laws and postponing reforms to resume negotiations with the aim of reaching a consensus for the amendment, arguing that he will not block the judicial laws.
The bill passing aroused the ire of the opposition parties. Yair Lapid, the previous PM and the opposition leader, in a speech to the lawmakers censured the bill and, addressing Netanyahu, he said: “You promised to help the weak and keep Israel safe, but you do nothing but madness.”
It is noteworthy that during months of mass demonstrations against the government, the protesters accused Netanyahu of establishing dictatorship and labeled him “pharaoh” in show of his tyranny.
Text of the controversial bill
The text of the bill that was passed for the first reading especially influences the appointment of ministers, and under it the Supreme Court will only supervise the government measures and cannot take any actions. In January, the Supreme Court forced Netanyahu to fire Interior and Health Minister Aryeh Deri after it nixed him for tax evasion.
The judicial amendment bill, which hardliners insist on its implementation, seeks to limit the judiciary's influence over legislation and public policy by limiting the Supreme Court's powers to exercise judicial review, giving the government control over judicial appointments, and limiting the powers of government legal advisers. If fully passed, the amendments would give the Knesset the power to overturn Supreme Court rulings with simple majority, reduce the court's ability to judicially review laws and administrative actions, prevent it from ruling on the constitutionality of laws, and change the composition of the judge selection committee in such a way that the majority of its members are appointed by the government.
Formed in late December 2022 with the participation of the far-right, Netanyahu’s cabinet is pushing to conclude the judicial reform plan for the consolidation of the power of the Knesset against the Supreme Court and judiciary. The government argues that the reforms are crucial for guaranteeing better balance among the governance institutions, but the opposition describe it a threat to democracy and guarantees of supervisory institutions.
Although Netanyahu walked away from his reforms in the initial weeks of the anti-government protests to ease the political pressure and said that he had put it on hold, he finally gave in to the pressure of the hardliners in the cabinet and proceeded with the plans because people like Minister of Internal Security Itmar Ben-Gvir, who is a staunch supporter of these reforms, had threatened that if Netanyahu did not agree with their demands, they would leave the cabinet coalition, and the departure of Ben-Gvir’s party with 15 seats would lead to the collapse of the government.
Massive protests continue
The government opposition have been protesting weekly over the past five months and resumed their demonstrations on Tuesday. They gathered near Ben-Gurion Airport outside the house of Herzog and the American embassy.
In the “day of paralysis”, the held a massive gathering in Ben-Gurion Airport. Police deployed their forces for order, reports said, adding that they blocked entry of the demonstrators to the airport. The opponents have focused on the main centers, roads and streets, and their demonstrations are expected to unfold in the coming days.
Leaders of the opposition had previously warned that if Netanyahu passes his plan, they will hold “million march”, and thus, the occupied territories will be pregnant with many political incidents in the coming days that will disrupt the government's work to manage affairs.
The leaders of the opposition groups in argue that the goal of the cabinet's judicial changes is to subdue the judicial system and prevent Netanyahu’s trial for three cases of corruption and bribery from a conclusion. They believe that these actions of the cabinet will lead to a civil war and gradual collapse from within. Detractors of these reforms say they upset the already fragile system of checks and balances and concentrates power in the hands of Netanyahu and his allies.
Demonstrators argue that democracy is at stake and many are afraid that actions of Netanyahu and his hardline cabal would lead to grave economic and diplomatic consequences, as in recent months Western countries including the US opposed the reforms and even engaged in verbal clashes with Tel Aviv. Analysts suggest that cuts in the Western supports to the Israeli government will entangle the security situation in the occupied territories.
The Israeli regime has no constitution and only has laws to protect its ostensibly democratic foundations and the parliament, which is currently held by the hardliners. The president is a figure head, and thus the Supreme Court is considered the bastion of democracy that upholds civil rights and the rule of law. Therefore, with curtailing the powers of the judiciary, the government and parliament will have broad powers, which, according to the opposition, will lead the government to a dictatorship.
The worrying issue for the Israelis is that social and political gaps are broadening day by day and this is dangerous for the world's most policed regime.
In addition to the weekly protests in recent months that have disrupted daily life, opposition to the plan has also grown within the military, with hundreds of members of special reserve units refusing to show up for recalls because of what they see as a coup against the judiciary.
Also, in the air force and army thousands of personnel defied government orders and some officers and troops even deserted the camps, causing concerns about insecurity in the occupied territories. The situation in the occupied territories is so strained that Herzog admitted several times that continuation of these conditions will result in the regime's demise.
As the cabinet hardliners mull dangerous plans especially in the West
Bank, with additional powers to the government, tensions with the
Palestinian resistance will escalate and occupied territories will grow
more insecure.
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