Israel's judicial reform an ominous sign of what's to come

While acknowledging that Israel's democracy may have its imperfections, including potential discriminatory treatment towards Palestinian citizens within the 1948 territories, the amendment to the Reasonableness Limitation Law will prohibit judges from issuing orders or decisions related to government and coalition matters.

This includes matters like government appointments, dismissals, and removals from positions.

Judicial amendments raise concern

Critics are particularly concerned about the judicial amendments, commonly referred to as the Overcoming Laws, which have effectively granted the government immunity from judicial oversight.

This has raised concerns about potential favouritism towards far-right religious factions and has also been seen as serving Prime Minister Netanyahu's personal interests.

The amendments are expected to have implications on the course of Netanyahu's corruption trial, as they prevent his potential removal from office during the trial.

Furthermore, these amendments facilitate the reappointment of Aryeh Deri, the leader of the Shas party, as Minister of the Interior, overturning a previous court decision that dismissed him from the position.

In addition to the Reasonableness Limitation Law, another provision has been introduced that grants the government significant authority in appointing judges to the Israeli judicial system, including the Supreme Court.

This move has sparked concern about the erosion of the judiciary's independence, as it becomes increasingly subservient and closely tied to the executive branch.

In the past, the Supreme Court served as a crucial institution for exercising judicial oversight over the actions of the government, ministries, and official institutions. However, the recent changes have shifted the control of the judiciary to the government, leading to its entanglement in political conflicts within the country.

Historical roots

The Reasonableness Law, with its historical roots in the British judiciary, draws troubling parallels with the infamous "Judges' Massacre" that occurred in Egypt in 1969, just two years after the country's defeat in the 1967 war.

During that time, President Gamal Abdel Nasser dismissed around 200 judges, accusing them of being hostile to the revolution. Nasser went as far as dissolving the Judges' Club and establishing a new committee to oversee judicial appointments, effectively granting the president authority to transfer and appoint judges through presidential decrees.

The judiciary plays a pivotal role as one of the foundational pillars of a strong and just state. It holds the power to uphold legitimacy and ensure adherence to the rule of law, not just for citizens but also for those in power.

However, when the judiciary falls under the sway of political authority, the concept of an independent judiciary is compromised. This, in turn, provides political authorities, regardless of their nature, with unchecked freedom to make decisions and implement policies that may not necessarily serve the best interests of the state and its citizens.

The primary concern becomes whether these decisions primarily serve the interests of the ruler or ruling party, rather than the broader welfare of the nation.

Democratic credentials under threat

After 75 years of the occupation of Palestine and the establishment of the state of Israel, claims about Israel's democracy have come under scrutiny, especially when compared to the oppressive regimes that surround the country. These neighbouring regimes often compromise the notion of statehood and citizens' rights in the name of liberating Palestine and opposing Israel.

As time passes, Israel seems to be moving closer to resembling its authoritarian neighbours, raising concerns about how dissenting voices within Israel will be treated in the future, particularly under the leadership of figures like Benjamin Netanyahu.

A conflict that runs deeper that what meets the eye

The political struggle in Israel may appear to be a mere constitutional dispute between opposition and government loyalists, but it runs much deeper and poses more significant risks than meets the eye.

Since the 1990s, the Israeli right wing, having gained power as the left weakened and declined, has been attempting to fundamentally transform the essence of the state. Their goal is to shape Israel into a full-fledged religious state.

Over the past 25 years, the right wing in Israel has successfully passed laws promoting Torah religious education and providing substantial support to the Haredi community.

They have also enacted the Nationality Law, which grants full-fledged citizenship exclusively to Jews in Israel and implemented laws that restrict civil society activities and curtail their operations.

Throughout this period, the Supreme Court has attempted to mitigate the impact of these laws and limit their scope. However, it appears that the nationalist right, aligned with the extremist religious right under Netanyahu's leadership, is determined to solidify its authority over the state by overcoming its last obstacle, which is the relatively independent judiciary.

This consolidation of power could empower the right wing to implement its racist and extremist ideology, moulding the state and its objectives accordingly.

Given the regional context, where unreasonableness can appear as reasonableness amid a backdrop dominated by the madness of power and extremism, the events unfolding in Israel will undoubtedly have profound implications for the future and stability of the entire region.

It is crucial to recognise that within this region, two states, Iran and Israel, are governed by religious regimes with active military nuclear programmes. This creates a precarious situation where groups driven by ideological objectives, often claiming divine directives, wield excessive military power, leading to potential escalations of religious conflicts.

While the right wing in Israel may have gained the upper hand over the judiciary, it is equally important to keep an eye on Qom, as the model it represents in the Middle East is gradually gaining dominance.