Chaos at Israel's parliament as Netanyahu pushes judicial overhaul

Israel’s parliament is expected to vote Monday night on a controversial amendment to the country’s Basic Law: The Judiciary, curtailing judicial review of decisions made by government officials. The law currently offers the Supreme Court the possibility to declare certain decisions by Cabinet officials as "unreasonable," something the new bill would scrap.

The proposed amendment states, "Whoever has judicial authority according to law, including the Supreme Court, will not judge or issue orders against the government, the prime minister, a Cabinet minister or another elected official as determined by law, regarding the reasonableness of their decision." 

Prime Minister Benjamin Netanyahu, who himself is facing charges of bribery, fraud and breach, and is on trial is supportive of the measure. 

But Netanyahu is not the only one pushing the legislation. Proponents of the judicial overhaul plan, limiting the responsibility of the judicial system in favor of the government, have galvanized in recent weeks for speedy adoption of this amendment. Head of the Knesset’s Constitution, Law and Justice Committee Simcha Rothman had the bill approved for its first reading after only five committee discussions held over nine days. 

Thus, if the new legislation is approved by the Knesset plenum Monday night, as is expected, the text will be brought to the Knesset’s Constitution, Law and Justice Committee Tuesday morning. Once approved by the committee, it could be sent back to the Knesset for the final second and third readings. 

The Knesset’s summer session ends July 30. The government is planning to have the amendment adopted well before the summer recess. 

Opponents warn of a social/judicial earthquake 

The "reasonableness clause" has long been considered one of the most important legal tools in safeguarding Israel’s democracy. Among other things, it enables the Supreme Court to invalidate decisions generated by extraneous considerations, or without the decision-maker taking into account relevant considerations. Its purpose is to guarantee that the government does not act unequally, irrationally, out of bias or with conflict of interest. 

If the new legislation is approved, the Supreme Court could no longer invalidate on this ground any decision of elected officials — be it a decision by the government, the prime minister, mayors, ministers or Knesset members — including decisions on appointments and dismissals of officials or ministers.

Coalition members have long claimed that the clause gives the Supreme Court a free hand to turn around decisions made by the elected government, which represents the true will of the people.

Netanyahu stuck 

Talks sponsored by President Isaac Herzog to find a compromise of the judicial overhaul plan have come to a halt over the insistence of Justice Minister Yariv Levin and several of his coalition colleagues to go ahead with the amendment. Netanyahu had asked Levin and Rothman to soften the language of the text so as not to shield municipalities and regional councils from petitions for judicial review, but Levin and Rothman kept the text as is. Rothman did say that the new legislation will not apply to mayors but declined to remove the words “other elected officials,” leaving the way open to expand the bill’s scope. 

Chaos at the Knesset 

Several demonstrators protested Monday evening outside the Knesset building. Some of them managed to enter the building and tried to glue themselves to the floor as a way of preventing coalition members from entering the Knesset plenum for the vote. They were eventually all removed by the guards of the parliament. 

In contrast, supporters of the judicial overhaul are demonstrating in Tel Aviv, outside the home of Attorney General Gali Baharav-Miara, who has been warning against the erosion of Israel’s democratic principles. Right-wing Knesset members have been calling on Netanyahu to fire her. 

Anticipating the text to be approved at a first reading Monday night, heads of the anti-judicial overhaul movement are planning mass demonstrations on Tuesday across the country in what is already dubbed "the day of destruction," including protests at the Ben Gurion Airport. Israelis are expected to demonstrate also in other airports outside Israel in support of the anti-judicial overhaul movement.