The Israeli Knesset approved a new legislation on Monday that curtails some of the powers of the Supreme Court despite massive protests and American concerns. Prime Minister Benjamin Netanyahu stated that the changes are essential to limit the court's excessive intervention, but critics accuse him of authoritarianism. Here are details about the crisis:
* **"Reasonableness Clause"**
The new legislation amends the law to eliminate one, but not all, tools available to the Supreme Court to annul government and ministerial decisions. The court can currently overturn any executive decision if it is deemed "unreasonable." Once the bill is enacted, judges will no longer be able to do this, but they will still be able to rule against the government based on other legal grounds.
* **What Will Change Now?**
Probably very little in the short term. However, experts and legal advisors to the government and parliament have warned that this will open the door to corruption, as it will make it easier for the government as a whole or any minister to appoint or dismiss officials for potentially dubious reasons. Critics fear this could hinder the work of judges who help regulate government actions. They pointed out that government officials like attorneys general or legal advisors could easily be replaced with others who merely follow orders. The government claims it does not intend to do this, arguing that the amendments will facilitate governance and enable democratically elected officials to pursue their policies more easily.
* **Abuse of Power**
Critics also warn that ministers' perception that they cannot be challenged on actions deemed unreasonable may lead to inadequate scrutiny of their own policies to protect others from injustice. In the long run, a weakened judiciary could harm businesses and Israel's legal disputes abroad. However, this will also depend on whether other amendments to the judicial system are made and how.
* **Concerns for Democracy**
The uproar has intensified in Israel over the passage of the law because many fear this step is just a distance along a slippery slope that takes democracy down a dangerous path. The government, which includes religious and nationalist parties, announced a comprehensive legislative package in January aimed at amending the judicial system, with some of its hardline ministers eager to push through radical changes despite the protests. The amendment regarding the "reasonableness" clause was passed through parliament within a month. However, this rapid change to Israel's constitutional foundations in the face of fierce opposition in parliament and the streets raises more concerns. Israel's democratic foundations, which lack a written constitution, are relatively fragile. In the unicameral Knesset, which consists of 120 members, the government holds a majority of 64 seats, and the presidency is largely a ceremonial role. Therefore, the role of the Supreme Court is viewed as crucial in protecting civil rights and the rule of law.
* **Next Steps**
Netanyahu has stated that part of the legislative package has been completely and permanently canceled, but he still seeks to change the way judges are selected. The big question is whether any other changes will occur with widespread consensus, as urged by U.S. President Joe Biden. Netanyahu has set November as a target date for agreement with opposition parties on judicial changes, but there are no guarantees. If this occurs, it is likely the government will have a long way to go in reassuring Israel's Western allies and calming concerns among foreign investors and international credit agencies rattled by the government's campaign. This would also give Israelis the much-desired respite from one of their most severe domestic crises in decades.
* **Netanyahu's Trial**
Netanyahu is asserting his innocence in a long-standing corruption trial. His critics fear he will attempt to use judicial changes to dismiss his case or influence its outcome. Netanyahu has vehemently denied any connection between his trial and the amendments, asserting that they serve democracy in Israel. He has promised to keep the Israeli judiciary strong and independent, without harming civil rights.
