In a perilous state of affairs, Israel has now seen a tumultuous shift in its political climate. On this Monday, Israel’s parliament successfully passed the disputed bill (now law) for a judicial overhaul, which constrains the power of the Supreme Court. In a fraught session, the following bill was ratified by 64-to-0 votes after clearing all three required measures for the bill to become law. In reaction to this, the opposition deserted the parliament and called it a ‘shameful’ decision.
The following enactment has drawn sharp criticism from critics and brought the nation into a turmoil of protests. While many called it an act of subverting the rule of law, others also believed it was an action of sabotaging democratic principles. However, the authorities and conservatives believed that these were necessary changes to uphold the power of elected representatives and sideline “interventionist judges.”
Scrutinizing the Law
Sought by Prime Minister Benjamin Netanyahu, the following law stifles the power of the Supreme Court to overrule government actions using the constitutional benchmark of “reasonableness doctrine.” The following legislation provides the ability for courts to review the decisions made by cabinet members, ministers, and other unspecified “elected officials.” However, now that this vested power in the court has become void, it will give the government full agency to make laws according to its interests.
This doctrine was used to inhibit the hold of excessive power in the heavily centralized executive branch of the state. It restrains the power of bureaucrats and law-making authorities by keeping a check on the arbitrary and unwarranted laws or decisions made by them. By removing this tool of the Supreme Court, it opens the path for corruption, as the courts have no say in the appointments and the choice to refrain from exercising vested authorities.
Protest Across Nation
The demonstrators have expressed their dissent through a wide protest since the very day they initiated the idea of the bill. However, despite these acts of disapproval, the bill still managed to get enacted. There is an unease among the public as this will limit the power of the Supreme Court and enhance the decision-making abilities of the executive and legislative divisions.
“It’s never happened before. And we’re going into a civil war now,” Former Prime Minister Ehud Olmert commented in an interview, calling the judicial weakening a lead to civil disobedience with all possible ramifications.
Despite all the efforts in the Knesset to find a compromise with the opposition for the bill, it did not bear any fruit. Even after nearly 30 hours of debate, both the opposition and supporters did not find any consensus regarding the bill. The government has justified its action by calling it an act of balance, as there is an unwanted intercession of the court in government affairs.
The protestors expressed their discontent by chaining themselves to the posts and blocking the road outside the parliament. Over a thousand people had taken to the streets and highways in response to the newly passed bill. One of the protesters, Galit Hermosi, said, “We fear we’re going down to dictatorship.” Michal, a student and Protestor, said, “We are here to protect our democracy. We were left with no choice but to go to nonviolent disobedience, and we are here to protect our democracy with our bodies.”
Netanyahu said in his televised address, “We passed the amendment on reasonability so that the elected government can carry out policy in line with the decision of the majority of the citizens of the country.” He added that he would seek dialogue with the opposition to reach an all-inclusive agreement by the end of November. He also assured that the following modifications would not hamper the proceedings of the Judiciary.
