Just In : Bill Passed To Limit Supreme Court Power (DETAILS)
Israel’s parliament passed the contentious “reasonableness” bill on Monday, marking the first significant legislation in the government’s effort to curtail the powers of the judiciary. The bill, which has faced protests and pressure from the United States, represents the most significant shakeup of the country’s court system since its establishment.
The vote resulted in a 64-0 majority, with all members of the governing coalition supporting it. However, members of the opposition chose to leave the chamber during the roll call vote.
Despite speculation that Prime Minister Benjamin Netanyahu might reconsider or modify certain aspects of the bill, he proceeded with it after being released from the hospital on Monday.
The “reasonableness” bill aims to remove the Supreme Court’s authority to declare government decisions as unreasonable. It forms a pivotal part of the broader judicial overhaul plan being pursued by the Knesset. The debate on the bill began on Sunday and continued throughout the night.
The judicial overhaul plan has caused divisions in the country, leading to widespread protests with hundreds of thousands of people expressing their opposition to it.
What are the changes?
The judicial overhaul consists of a series of bills that require three votes in the Knesset for each to be passed.
Supporters of Prime Minister Netanyahu argue that the purpose of the overhaul is to rebalance the distribution of powers between different branches of the government. However, critics see it as a potential threat to Israeli democracy and the independence of the judiciary.
The reasonableness doctrine, which is part of the overhaul, is not exclusive to Israel’s judiciary. It is also utilized in various other countries like the United Kingdom, Canada, and Australia. The principle allows courts to assess the constitutionality and lawfulness of legislation and ensures that decisions made by public officials are deemed “reasonable.”
As part of the proposed changes, the right-wing government seeks to gain more influence over the appointment of judges and remove independent legal advisors from ministries. While the reasonableness bill has advanced in the legislative process, other aspects of the overhaul are still being considered.
Netanyahu and his supporters assert that the Supreme Court has become a self-contained and elitist group that does not genuinely represent the Israeli people. They believe that the court has gone beyond its intended role by involving itself in matters beyond its jurisdiction. To defend his plans, Netanyahu points to other countries like the United States, where politicians have control over the appointment and approval of federal judges.
Critics argue that Netanyahu is pursuing the overhaul to safeguard himself from his ongoing corruption trial, where he faces charges of fraud, bribery, and breach of trust. However, he denies any wrongdoing.
Additionally, another bill, already passed in March, makes it more challenging to declare a sitting prime minister unfit for office, limiting the reasons to physical or mental incapacity and requiring either the prime minister or two-thirds of the cabinet to vote for such a declaration.
Why do these changes matter?
If the overhaul is approved, it would mark the most significant transformation of Israel’s judiciary since its establishment in 1948.
Calls to modify the judicial process have been made in the past by various figures representing different political perspectives.
Israel’s system lacks a written constitution and relies on quasi-constitutional basic laws. The Supreme Court holds substantial power, a matter of concern for advocates of the changes.
As the executive and legislative branches are consistently controlled by the same governing coalition, the Supreme Court remains the sole check on their authority.
Critics of the overhaul argue that it would eliminate the only available avenue for checks and balances in the country’s governance. They also express concern that it could undermine the independence of the Israeli judiciary and potentially infringe on rights not protected in the basic laws, such as minority rights and freedom of expression.
Prime Minister Netanyahu leads the most right-wing government in Israel’s history, comprising ultra-nationalist and ultra-religious parties, with some members facing criticism for expressing extremist views.
According to polling data from the Israel Democracy Institute in February, only a minority of Israelis support the proposed changes. A significant majority desires a compromise, and a substantial percentage believes the Supreme Court should retain the power to strike down laws and maintain the current method of appointing judges.
The bill has faced opposition from millions of Israelis, including dozens of business leaders. Even the defense minister, Yoav Gallant, who is part of Netanyahu’s government, has called for delaying the overhaul to seek broader consensus.
A group of 150 prominent Israeli companies staged a strike in protest of the bill on Monday.
Upon news of the legislation, Israel’s main stock index, the TA-35, experienced a decline of over 2%, despite a recent rally over the past month, during which it climbed more than 6%. Additionally, the Israeli Shekel weakened against the dollar, dropping by nearly 1%.
What are Israel’s allies saying?
Israel’s allies, including the United States, have raised apprehensions regarding the proposed judicial overhaul.
US President Joe Biden conveyed a message to Prime Minister Netanyahu through Thomas Friedman of the New York Times, cautioning that passing the overhaul without broad consensus could jeopardize the US-Israeli relationship.
The US President emphasized the significance of finding consensus in controversial policy areas and advised Israeli leaders not to rush into significant changes. Biden stressed that seeking the widest possible consensus is crucial for such reforms.
While Netanyahu has not yet received an invitation to the White House, Israel’s President Isaac Herzog, who has been striving to broker a compromise between the government and opposition on the overhaul, was invited to meet Biden in Washington.
During his visit, Herzog referred to America as “our greatest partner and friend,” while acknowledging criticisms from certain House progressives.
What happens now that the bill has passed?
The passing of Monday’s bill in Israel could deepen the country’s domestic divisions. Opponents of the bill have vowed not to remain passive, leading to potential labor strikes, military refusals, and a possible constitutional crisis.
The Histadrut, Israel’s umbrella labor union, immediately warned of serious consequences if the government continued to legislate unilaterally and made preparations to declare a strike.
The Movement for Quality Government, an Israeli NGO, filed a petition with the Supreme Court, seeking to declare the reasonableness law illegal, arguing that it fundamentally changes the structure of Israeli democracy, and requesting that its implementation be blocked until a court ruling is made.
The Israel Bar Association is also preparing a legal challenge, planning to petition the Supreme Court to cancel the reasonableness law once it is enacted.
Opposition to the overhaul has spread to Israel’s security establishment, with members of the military protesting the bill and over 1,000 Air Force reservists threatening to stop volunteering.
Former Prime Minister Yair Lapid urged military reservists not to refuse to serve until the Supreme Court has ruled on the law, encouraging them to continue serving.
Petitions challenging the law’s validity and seeking to block its implementation until a court ruling are expected to be filed when the Supreme Court resumes its business on Tuesday.
If the Supreme Court deems the unreasonableness law itself unreasonable and invalidates the provision that strips the court of its powers, a constitutional crisis could ensue, pitting the government against the court.
Credit: CNN
