Netanyahu bid to curb Israeli Supreme Court powers sparks national outcry

With the government in danger of being completely overwhelmed by the sheer scale of the protests, Netanyahu has been reluctantly forced to suspend the proposed legislation

Netanyahu bid to curb Israeli Supreme Court powers sparks national outcry

For a country that prides itself on being a beacon of democracy in the Middle East, the constitutional convulsions that have erupted in Israel in recent days will be deeply embarrassing for many Israelis.

Having formed arguably the most right-wing government in the 75-year history of the Zionist state, Israeli Prime Minister Benjamin Netanyahu has used his latest stint in office as an opportunity to launch a controversial reform programme which critics claim, if enacted, would severely limit the powers of Israel’s Supreme Court.

Netanyahu’s coalition — a collection of right-wing, ultranationalist, and ultra-Orthodox parties — is determined to press ahead with legislation that aims to weaken the court’s ability to serve as a check on parliament, as well as give the government control over the appointment of judges.

Netanyahu wants to limit the Israeli Supreme Court’s powers to rule against the legislature and the executive, which would allow the Knesset to override Supreme Court decisions with a simple majority of votes. The effect would be to neuter the independence of the court.

National outcry

The proposal has not only caused a national outcry in Israel, where the country has been brought to a standstill by a wave of strikes that has already grounded flights in and out of the country’s main airport. Netanyahu has even been forced to postpone a planned visit to London after Israeli pilots refused to fly him.

It has also attracted fierce criticism from abroad, with US President Joe Biden expressing his “concern” over the Israeli government’s plans to overhaul the country’s judicial system.

A statement issued by the White House following Biden’s call with Netanyahu, which was described as “candid and constructive” said the president had “underscored his belief that democratic values have always been, and must remain, a hallmark of the US-Israel relationship, that democratic societies are strengthened by genuine checks and balances, and that fundamental changes should be pursued with the broadest possible base of popular support.”

Netanyahu’s move to curb the powers of the judiciary has provoked arguably the biggest political controversy of a politician who, despite becoming Israel’s longest-serving prime minister, now finds his judgement under attack from many quarters.

Netanyahu's move to curb the powers of the judiciary has provoked arguably the biggest political controversy of a politician who, despite becoming Israel's longest-serving prime minister, now finds his judgement under attack from many quarters.

Israeli President Isaac Herzog has personally pleaded with Netanyahu to halt the legislation, calling on "Israeli leaders to find a compromise as soon as possible. For the sake of the unity of the people of Israel, for the sake of responsibility, I am calling on you to stop legislation immediately."

The proposal has also prompted the resignation of Israel's Consul General to New York, Asaf Zamir, who has resigned in protest.

Meanwhile, Netanyahu has sacked his defence minister Yoav Gallant after he called on Saturday for the government to pull the legislation, saying disputes over the measures are threatening Israel's security, with thousands of army reservists joining protests and refusing call-ups for training.

Legislation suspended

But with his government in danger of being completely overwhelmed by the sheer scale of the protests, Netanyahu has been reluctantly forced to suspend the proposed legislation.

Speaking in a nationally-televised address on Monday, the 73-year-old Israeli leader admitted that his proposed package of judicial reforms had split the country in two, and said he would delay the legislation until a new session of the Knesset, the Israeli parliament.

"When there's an opportunity to avoid civil war through dialogue, I, as prime minister, am taking a timeout for dialogue," he said.

Given the strength of opposition to the reforms, though, it remains to be seen whether Netanyahu's offer to postpone the legislation will be sufficient to save his coalition government, or will see the politician known as the "magician" for his survival qualities eventually ousted from office.

Given the strength of opposition to the reforms, though, it remains to be seen whether Netanyahu's offer to postpone the legislation will be sufficient to save his coalition government, or will see the politician known as the "magician" for his survival qualities eventually ousted from office.

At the heart of Netanyahu's current difficulties has been his decision to align himself with ultra-nationalist right-wing parties to form his administration after he emerged victorious in last year's Israeli general election.

Because of the complicated nature of Israel's political system, Israeli governments are always composed of coalitions. But by allying himself with several hardline factions, Netanyahu now finds himself working with political allies who want to weaken the Supreme Court so that they can expand Jewish settlements in occupied territory which the Palestinians seek for a state.

In addition Ultra-Orthodox Jewish parties in the coalition want to pass a law that exempts their community from service in the conscript military, a step they worry might be struck down by the highest court if its powers are not cut back.

Growing pressure

Pressure to reform the Supreme Court has been growing for several years over claims the bench is left-leaning and elitist and has become too interventionist in the political sphere, while often putting minority rights before national interests.

Netanyahu's critics say he has good reason to want to curb the authority of Israel's judicial system, given that he has spent much of the past few years under investigation over fraud allegations.

But in a country that has no written constitution and regards the Supreme Court as the final arbiter of its democratic process, any attempt to meddle in the institution's affairs is seen as an attack on Israel's fundamental democratic values.

After the tumult of recent days, Netanyahu will come under intense pressure to resolve the dispute in a manner that ends the bitter divisions his proposals have provoked.

The Israeli leader says he now intends to seek a "dialogue" with other leaders across the political divide to find a consensus on reforming the Supreme Court.  Whether he succeeds will ultimately decide whether or not he and his coalition allies can remain in office.

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