Fighting for Judicial Independence

When young Israelis refuse to report for mandatory military service (32 months for men and 24 months for women) and receive widespread public support for this apparent anti-national refusal, it can be safely assumed that things are getting serious in this small but powerful nation.

Israel finds itself amid a significant political and social crisis stemming from the passage of controversial judicial reform bills that have curbed the Israeli Supreme Court's powers. The legislation has created a deep rift in the country, with citizens, including reservists and corporate leaders, taking to the streets to express their opposition.

Israel's strongest ally, the U.S., also advised caution when President Joe Biden urged Netanyahu to put the brakes on the legislation.

Background

The Knesset's approval of the first part of the judicial overhaul, which limits the Supreme Court's use of the "reasonableness" test, has set Israel on a precarious path. The pro-democracy Movement for Quality Government in Israel has already appealed the law to the Israeli Supreme Court. This may lead to a constitutional crisis if the court chooses to overturn the legislation.

Additionally, thousands of reservists have suspended their voluntary duty, and Israel's security situation has become more uncertain. Iran, closely monitoring internal divisions, may exploit the situation if given the opportunity. Economically, the bill's passing has already impacted the stock market and the national currency, and a potential general strike could exacerbate economic instability.

Seven times Prime Minister Benjamin Netanyahu (1996-99, 2009-13, 2013-15, 2015-19, 2019-20, 2020-21 and 2022 to present) is being blamed for the current imbroglio, mostly for weakening the judiciary, which has been waiting to send him (and perhaps members of his immediate family) to jail on charges of fraud, breach of trust and accepting bribes in three separate scandals. Mr Netanyahu has all along claimed his innocence. Mr Netanyahu claims the 'judicial overhaul will reduce overreach from unelected judges.’

However, critics of the overhaul, hundreds of thousands of whom took to the streets over the weekend to protest, counter that it destroys important checks and balances underpinning Israeli democracy. The overhaul is the latest in a series of systematic manoeuvres by Netanyahu and his allies to consolidate power. In recent years, the government has passed laws that have made it more difficult for the opposition to challenge its decisions, and it has also cracked down on dissent. The judicial overhaul is seen as a direct attack on the Supreme Court, a thorn in Netanyahu's side for years. The court has blocked a number of Netanyahu’s policies, including his appointment of a close ally to the position of attorney general and, at times, the construction of new settlements. 

Analysis

The overhaul is likely to further polarize Israeli society. Supporters of the overhaul argue that it is necessary to rein in the Supreme Court and restore the balance of power between the branches of government. However, critics argue that the overhaul is a dangerous attack on democracy and will lead to a more authoritarian government.

Legal experts have argued that the bill could undermine the rule of law in Israel. The Supreme Court has been a key check on the power of the government, and the bill could make it more difficult for the court to strike down government actions that are deemed to be unconstitutional.

Security officials have warned that the bill could weaken Israel's security. The bill could make it more difficult for the government to make decisions about security policy, and it could also lead to a decline in morale among the military.

Economists have warned that the bill could damage the Israeli economy. The bill could lead to uncertainty in the business community and make it more difficult for the government to attract foreign investment.

The bill's passage has raised several questions about the future of Israeli democracy. How the Supreme Court will react to the bill remains to be seen. However, one thing is clear: the passage of the bill has created a great deal of uncertainty for Israelis, which will not end for some time to come.

Israel lacks a formal constitution, and in its absence, the independent judiciary has relied on basic laws to counterbalance potential overreach by the executive branch. Over the years, the judiciary has played a crucial role in preventing ruling elites from functioning beyond the pale of the law. However, the current coalition government seeks to alter this dynamic by introducing regulations undermining the judiciary's independence.

The passage of the judicial reform bill reflects deeper issues within Israeli society, resulting in an identity crisis. The debate over Israel's Jewish and democratic character has caused a polarizing split in the nation, with both sides retreating to their corners. This divide threatens to leave a significant portion of the population feeling disenfranchised, and sacred institutions like military service are being challenged, putting the national enterprise at risk.

The judicial reform has strained the relationship between Israel and the United States, traditionally based on shared values and democratic principles. President Biden's public encouragement to slow down the reforms was not heeded, raising concerns about potential consequences for the bilateral relationship in the long term.

While the global response to the judicial reforms has been somewhat tepid, there is a possibility that the erosion of Israel's democracy may fuel disaffection with Israel among some members of the U.S. Congress. This could increase pressure on the Biden administration to take actions that may affect the US-Israel relationship.

The protests in Israel reflect a collective demand for safeguarding democracy, human rights, and the rule of law. Citizens are calling for an end to the policies that marginalize Palestinian rights and undermine the principles upon which Israel was founded.

Human rights organizations have also been critical of the overhaul. Human Rights Watch has said that the overhaul "is a dangerous attack on the independence of the judiciary" and that it "will have a chilling effect on human rights in Israel." Amnesty International has said that the overhaul "is a serious blow to the rule of law in Israel" and "will make it more difficult to hold the government accountable for its human rights abuses."

The global response to the Israeli judiciary overhaul is a sign that the international community is concerned about the future of democracy in Israel. The overhaul has been seen as a step towards a more authoritarian government in Israel and has raised concerns about the country's commitment to the rule of law.