Judicial reforms drafted by Netanyahu
text_fieldsIsraeli Prime Minister Benjamin Netanyahu's judicial reform bill passed by the Knesset on Monday is considered a victory for the PM. But the consequences of this on the country's framework and legal system, and even more so on the attitudes towards the Palestinian people, may exacerbate problems. Netanyahu's bill presentation in the parliament and victory show came straight after he left the hospital with a pacemaker attached due to heart disease. The far-right-ultra-conservative ruling front passed the bill with the support of 64 votes in the 120-member parliament, despite the heavy protests and struggles that have been going on throughout the country for the past six months against this bill, which significantly encroaches on the powers of the Israeli judiciary. There was not a single vote against it as the opposition had entirely boycotted the session. Even then, thousands of people were protesting outside the parliament.
In Israel, where there is no written constitution, the legal code is a set of laws that are quasi-constitutional in nature and are known as the Basic Laws. Another legitimate document is the judgments of the Supreme Court. The jurisdiction of the Supreme Court is quite extensive. If the laws passed by the Parliament are challenged before the Supreme Court, its validity and reasonableness is subject to consideration by the court. At that stage, the court can declare the laws passed by the Parliament as invalid. The bill passed on Monday would remove the provision for this check. Since the Supreme Court has a tradition of overturning many laws passed by the Israeli government and many actions taken by them, they often come in the way of implementing many of the state's wishes. The amendment that has been passed is only the first of Netanyahu's targeted judicial reforms. Reforms are also forthcoming, including expanding the government's power to appoint judges and curbing the independence of the judiciary. Even though he was prepared to introduce the bill into parliament in March of last year, Netanyahu caved in the face of massive public opposition. Stating that he did not intend to create division among the people, he had said that he would introduce it again after further deliberation. Everyone at the time saw it as a short-term tactic.
Israel has experienced the largest protests in its 75-year history during the last few days. According to public opinion polls, the majority of people oppose the amendments. Along with the protests, widespread strikes have also affected many service sectors of the country. The presence of reserve soldiers, the Israeli army's main source of support, has made things more difficult for the government. Nevertheless, Netanyahu was able to pass the bill with the help of his far-right allies. It is important to keep in mind that the government is ignoring such a strong public outcry in a nation that the Western media is praising as the "root of democracy in the Middle East." The Netanyahu administration claims that by controlling the Supreme Court, which overturns many government decisions, they are preserving a balance between the state and the judiciary. The court's interventions have not been well received by Israel's parties and politics, which have recently been more right-leaning. The demonstrations were a result of the public objection to the government's policies, which do not demonstrate a strong commitment to democracy. The administration's policy towards the Palestinian people, one of its top agendas, is a major factor in this. When the court overturns numerous policies that are unfavourable to "non-loyal" Arab nationals and stateless Palestinians, the government is always left frustrated. Israel, which is in power after annexing a nation, is obligated to abide by numerous international laws. Internal law should also be changed as a result. They are dealing with Arabs violating all of that. They are driving Palestinians from their territories, declaring new lands as public lands and building new settler homes. There are two types of laws in the 'democratic' country of Israel. One for native citizens and the other for those living in annexed lands, the West Bank and East Jerusalem. Courts tend to ignore many of these as a matter of political policy. Therefore, the same parties who support migration and land annexation are also supporting the new law reforms. All in all, the amendments to the law also pave an easier way for the Netanyahu administration's scandals. As such, the emerging crisis is not limited to internal unrest. Foreign nations, especially the United States, are interested in this for a reason.