Question of fate for Israel
Supreme Court is negotiating judicial reform
September 12, 2023, 11:24 p.m
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In the power struggle between Israel’s Supreme Court and the government, a fateful decision is imminent: the judges must decide whether to overturn the new law weakening the judiciary or wave it through. The first hearing is heated.
In a historic court hearing, Israel’s Supreme Court dealt with a highly controversial judicial restructuring of the right-wing religious government. For the first time in the country’s history, all 15 judges came together to discuss eight petitions against an adopted amendment to the Basic Law. A decision is not expected for a few weeks at the earliest. At the end of the almost 14-hour session, presiding judge Esther Chajut granted 21 days to submit additions.
Prime Minister Benjamin Netanyahu’s government passed the amendment at the end of July, which deprives the Supreme Court of the opportunity to take action against “inappropriate” decisions by the government, the prime minister or individual ministers. Critics fear this could encourage corruption and the arbitrary appointment of key positions. The government argues that the Supreme Court is too powerful.
Government representative defends proposed legislation
During the hearing, Judiciary Committee Chairman Simcha Rothman defended the plans and accused the Supreme Court of interfering too much in political issues. The mere consultation on the change in the law was a “failure,” said Rothman, who, along with Justice Minister Jariv Levin, is considered the driving force behind the project.
Supporters of the proposed law argue that judges lack the authority to decide on changes to basic laws. Unlike MPs or ministers, they were not directly elected by the people. “How justified is it to deprive the State of Israel of its most fundamental feature as a democratic state – free elections and the ability of the public to change the laws that govern their lives?” Rothman asked. The most important sovereign is the people. The change in the law is part of a broader government plan to weaken the judiciary. The plans have divided large parts of Israeli society since the beginning of the year. On Monday evening, tens of thousands of people took to the streets again.
Heated debates during the hearing – outcome uncertain
Eliad Schraga of the Movement for Quality Government urged judges to overturn the law change. It deals “a death blow to the core of Israeli democracy.” It was unclear how the Supreme Court would react. At the hearing, several judges were critical of the government’s plan. Chairwoman Chajut said of the impact of the change in the law: “Nobody can anymore check whether the ministers acted appropriately or not.” Judge Izchak Amit said the judiciary needs to be strengthened rather than weakened. “Democracies don’t die all at once, but in small steps.”
A member of the ruling Likud party, Tali Gottlieb, then began to shout from the audience: “The Knesset (Israel’s parliament) protects democracy.” Lawyer Aner Helman, who represented the Attorney General, warned of far-reaching consequences. “This government may not use its power, but there is no doubt that the day will come when a certain government will exercise its power.” Nobody should think otherwise. “So when they say, ‘Trust us, the Knesset is the regulator,’ we all have to be very, very careful.”
Worries about national crisis
In Israel’s history, no basic law or amendment to a basic law has ever been repealed. If this were to happen and the government did not accept the decision, the country would face a state crisis as responsibilities would no longer be clearly clarified. Meanwhile, efforts to reach a compromise continued in the background.
The German ambassador to Israel, Steffen Seibert, was also present at the meeting as a listener. In a video on