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Israeli Judicial Amendments: What's New in Their Reintroduction?

Israeli Judicial Amendments: What's New in Their Reintroduction?

Israeli Prime Minister Benjamin Netanyahu has resumed his campaign to reduce some of the powers of the Supreme Court as part of judicial amendments that have sparked unprecedented protests across the country. The Knesset is scheduled to vote on the bill concerning the Supreme Court tomorrow, Sunday, amid intensifying protests and ongoing attempts at mediation for a compromise.

Netanyahu's religious-nationalist government proposed the judicial amendments in January, shortly after taking the oath. The proposed amendments included imposing some restrictions on the Supreme Court's decisions and granting the government decisive powers in appointing judges. However, as concerns grew among Israel's Western allies and unrest escalated, alongside a decline in the value of the shekel, Netanyahu suspended his efforts in late March to allow for talks with opposition parties.

Three months later, Netanyahu reintroduced the legislation, removing some originally proposed provisions while retaining others.

What is the new "Reasonableness Standard" bill? It is an amendment intended to limit the Supreme Court's ability to overturn government and ministerial decisions deemed "unreasonable." Supporters argue that "this will allow for more effective governance while still leaving ample room for judicial review." Critics contend that "the amendments will open the door to corruption and abuse of power."

What problem does the government have with the judiciary? Many in the ruling coalition view the Supreme Court as left-leaning, elitist, and overly intrusive in the political arena, often prioritizing minority rights over national interests, exercising authority they believe should be vested in elected officials.

Why are many Israelis protesting? Protesters believe that a danger is looming over democracy, fearing that Netanyahu and the hard-right government will undermine judicial independence, with potentially severe diplomatic and economic consequences. Polls have shown that the amendments do not enjoy support from most Israelis, who are primarily concerned with rising living costs and security issues.

Why do the proposed amendments provoke such intense concern? Israel’s democratic foundations are relatively fragile. The state does not have a constitution, and the parliament (Knesset) consists of a single chamber where the government controls a majority of 64 seats compared to 56 for the opposition. The presidency is largely ceremonial. Thus, the Supreme Court is regarded as a bastion of democracy that protects civil rights and the rule of law. The United States has urged Netanyahu to seek a broad consensus on judicial amendments and to maintain judicial independence.

Are there other amendments planned? That remains unclear. Netanyahu has stated that he wants changes in how judges are selected, but not necessarily those included in another bill pending final Knesset review. Proposals have been raised that include amendments to the functions of legal advisors. Opposition deputies claim that "Netanyahu's coalition is attempting to pass minor amendments that gradually restrict judicial independence." However, the ruling coalition views itself as wanting to "responsibly amend the judicial system."

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