Judicial reform threatens democracy in Israel, what is happening?

19/03/2023

Israel is burning, and not precisely because of its perpetual conflict with Palestine. This time what has the decibels high in the Jewish State is a controversial judicial reform promoted by the current government and that, in short, curtails the independence of powers that –at least in theory– all democracy has.

The proposal has been promoted by the right-wing Prime Minister Benjamin Netanyahu, which has already been approved in the Israeli parliament in a first debate. And I include, despite the two months of continuous protests that have been registered throughout the country, the limitation to the functions of the Supreme Court of that country.

The text was approved in the Knesset – as the Jewish Congress is known – by 61 votes in favor and 52 against. However, it still has to pass two more readings or debates before becoming law.

If approved, the bill would allow lawmakers to overturn Supreme Court decisions with a simple majority of 61 of the 120 members of the single chamber.

It would also make it more difficult for the highest court to strike down laws that it believes contravene the Basic Laws – the equivalent of a constitution in Israel – by requiring the support of 12 of the 15 judges.

Before approving this text, the deputies also approved in first reading another law that limits the possibilities of the prime minister being subject to impeachment proceedings.

Netanyahu’s government has argued that the reforms are necessary to limit judicial interference, but protesters have claimed that they actually threaten Israel’s liberal democracy by weakening checks and balances.

The country has experienced 10 weeks of protests, especially in Tel Aviv and Jerusalem. The appointment is every Saturday at 8 pm and you can see streets full of people waving posters in defense of democracy that Netanyahu’s reform threatens.

“Stop the race towards a messianic dictatorship and start working towards democracy”, was heard, for example, in the demonstrations.

Netanyahu’s government, in coalition with ultra-Orthodox and far-right parties, presented the judicial reform in January.

Critics say the package limits the power of justice over politicians and protects Netanyahu, who is facing corruption charges.

But Netanyahu and his cabinet argue that the changes are necessary to restore the balance of power between elected politicians and unelected justices on the powerful Supreme Court.

The reforms would also give the ruling coalition more powers to appoint judges.

Israeli President Isaac Herzog – whose role is largely ceremonial – tried to mediate a dialogue on the project, which has deeply divided Israeli politics and society.

Herzog warned that the “constitutional and social crisis” harms the country and that “it could have diplomatic, economic, social and security repercussions.”

However, opposition leader Yair Lapid, a centrist former prime minister, has refused to participate in a dialogue until the governing coalition halts its efforts to enact the reform into law.

The fact is that the reform is so controversial that an old ally of Israel – such as the United States – called for concertation.

Indeed, the head of US diplomacy, Antony Blinken, said that any major reform requires consensus. In an interview with AFP, he assured that – although the United States would not take sides on the details of the proposals – in the “very vibrant democracy of Israel” reaching “a consensus is the best way forward.”

The European Union has also asked to negotiate.

There are 100 deaths so far in 2023

A Palestinian killed in the West Bank after pulling out a knife, according to Israeli forces, became this Friday the 100th victim of the conflict so far in 2023. The Palestinian, identified as Yazan Omar Jamil Jasib, 23, died “later that the occupation forces fired at him at the northern entrance to the town of Al Bireh”, near Ramallah, the Palestinian Ministry of Health said. And the Israeli army declared – for its part – in a statement that “a suspect” who had been asked to identify himself “pulled out a knife and approached the (Israeli) forces, who responded by firing.”

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