Why Israelis are protesting a proposed judicial overhaul

Ever since Justice Minister Yariv Levin, in the first week of January, unveiled his proposal to overhaul the country’s legal system, large protests have taken place across Israel. Critics of the ruling government and Netanyahu, who is currently on trial for corruption charges, claim that the proposed changes will “undermine Israeli democracy”.

What are the proposed changes in the judicial system?

The plan, presented by Levin in parliament on January 4, entails four major changes. First, the government wants to enable the 120-member parliament, or Knesset, to override any Supreme Court judgement by a simple majority of 61 votes unless those rulings are unanimous.

Second, it also seeks to scrap the test of “reasonability” which the apex court has previously used to strike out executive practices.

Apart from this, Levin proposed a law that would give a greater role to lawmakers in the appointment of Supreme Court judges. As of now, a committee comprising professionals, justices and lawmakers elevate judges to the top court. The new change would provide “lawmakers a majority in the committee, with most coming from the right-wing and religiously conservative ruling coalition”, according to the AP report.

Also, Levin wants to allow ministers to choose their own legal advisors instead of using independent professionals.

Why are these plans being proposed?

Experts suggest that Israeli conservatives and the right-wing have for a long time seen the judiciary as an activist and left-leaning hindrance to its legislative agenda. Therefore, it didn’t come as a surprise when during their election campaign last year, Netanyahu and his far-right allies promised to entirely alter the legal system of the country.

In his January 4 speech, Levin claimed that the Israeli public has lost its faith in the judiciary and his plan would restore power to the elected officials instead of “interventionist judges”, according to the AP report.

He added, “We go to the polls and vote, choose, but time after time, people who we didn’t elect decide for us. That’s not democracy.”

Moreover, as per media reports, the ruling government wants to use the power to override Supreme Court judgements so that it could scrap the court’s “rulings outlawing Israeli outposts on private Palestinian land” and roll back social reforms, including those that would impact LGBTQ community.

What have the opponents said about these changes?

Opponents have claimed that these proposed changes would curtail judicial independence, promote corruption and put basic civil and minority rights at risk.

Even the chief justice of Israel’s Supreme Court, Esther Hayut, has come out and said the proposed changes amount to an “unbridled attack on the justice system”, according to The Washington Post.

“Unfortunately, if the plan for change that has been presented is carried out, the 75th year (of independence) will be remembered as the year in which Israel’s democratic identity suffered a fatal blow,” she said.

Before Hayut, the country’s current attorney general, Gali Baharav-Miara, who was appointed by the previous government and oversees Netanyahu’s prosecution, condemned the plans and said they would create an “imbalanced system of checks and balances,” and that “the principle of majority rule will push other democratic values into a corner.”

Will the proposed changes impact Netanyahu’s corruption trial?

Although the government’s proposal doesn’t affect Netanyahu’s corruption trial directly, critics fear that it is just the beginning and that the ruling party would eventually alter laws to exonerate the prime minister.

Their doubts aren’t unfounded because before coming to power, Netanyahu’s allies had pledged to legalise some of the crimes allegedly committed by him, and curtail the powers of the attorney general, according to a report by The New York Times.

The far-right parties had floated the idea of dividing the post of attorney general into three separate jobs, while ensuring that at least two of the positions are political appointments. Currently, the attorney general is nominated by the government and must get approval from a professional committee that comprises former justice officials and others.

Notably, the announcement of the proposal by Levin came a month after parliament changed a law to allow any lawmaker convicted on probation to serve as a cabinet minister. The reform helped the leader of the ultra-Orthodox Shas party, Aryeh Deri, to hold key positions in the government, including the role of the deputy prime minister. He is an essential part of the coalition that brought Netanyahu back to power.

According to AP, Deri was convicted of tax fraud and given a suspended sentence last year.

His appointment was vehemently opposed by attorney general Baharav-Miara who said the move “radically deviates from the sphere of reasonability.”