Judicial reform - Historic verdict: What's next for Israel?
A ruling by the Supreme Court in Jerusalem against a key part of the controversial judicial reform has reignited tensions in Israel - in the middle of a war. By a margin of just one vote, 8 of the 15 judges declared an amendment to the law passed by parliament in July null and void. It is the culmination of the power struggle between the judiciary and the government for the time being. But will Benjamin Netanyahu's right-wing religious government accept the ruling?
"Most important ruling since the founding of the state"
Experts categorized the ruling the following day as extremely significant for the state of Israel, which is constantly struggling to find a balance between the Jewish and democratic character of the country. The amendment to the law that has now been overturned was essentially about the Supreme Court being deprived of the opportunity to take action against "inappropriate" decisions by the government, the prime minister or individual ministers.
Former Chief Justice and Attorney General Menachem Masus told the Israeli Army Radio that it was probably "the most important ruling by the Supreme Court since the founding of the state" in 1948. "It is particularly important because of the fundamental decision that parliament cannot do what it wants, even if it passes basic laws". Basic laws can be changed in Israel with a simple majority.
A majority of 12 of the 15 judges also ruled in the judgment that the court has the authority to review basic laws "and to intervene in those rare and extreme cases in which parliament exceeds its powers".
Constitutional law expert Professor Suzie Navot considers this decision to be even more important than the ruling on the specific amendment to the law. "This is an issue that will remain with us in the future," she told Israeli radio. With its ruling, the court had "taken away the government's unlimited power". In doing so, it is also protecting citizens because there are no other control mechanisms in the Israeli system. "We don't have a president who can veto a law. Parliament doesn't have two chambers either." The parliament, the Knesset, is de facto "the legislative arm of the government" because the coalition can dominate the House of Representatives.
Government critics celebrate ruling as a victory for democracy
The Israeli Movement for Quality Government, which had submitted a petition against the amendment, celebrated the ruling as a "huge public victory for those fighting for democracy". Critics had always warned that the amendment could encourage corruption and the arbitrary filling of important posts.
Representatives of the Netanyahu government, on the other hand, criticized the ruling and especially the timing of its publication. Netanyahu's right-wing conservative Likud party called it regrettable that such a polarizing verdict was passed "at a time when Israeli soldiers from the right and the left are fighting and endangering their lives in war".
Judicial reform divides Israeli society
The judicial reform, which has been massively promoted by the government since it was sworn in a year ago, had caused a deep rift in Israeli society. For months, hundreds of thousands of people repeatedly took to the streets to protest against it. They classified the government's actions as an acute threat to Israel's democracy. According to experts, the changes to the law as part of the reform could also play into Netanyahu's hands in an ongoing corruption trial against him. The government, on the other hand, argued that the court is too powerful in Israel and interferes in political decisions.
Israel's internal dispute as an opportunity for Hamas attack
Many saw the months-long dispute as one reason why Israel could be so surprised by the devastating terrorist attack by the Islamist Hamas on October 7. Until October 7, there had been repeated warnings that Israel's enemies could exploit its weakness.
The verdict is also seen as a setback for Netanyahu, who was already in trouble. Since October 7, he has suffered a massive loss of popularity in the polls. Many resent the fact that he has not taken personal responsibility for allowing the Hamas massacre to happen.
Will the government accept the verdict?
If Netanyahu's government does not accept the verdict, the country faces the threat of a national crisis. It is still unclear how the coalition will act, especially once the war is over. Justice Minister Yariv Levin, the driving force behind the reform, left at least one loophole open in his initial reaction. "The ruling, which has no equal in any Western democracy, will not discourage us," said Levin. "While the battle continues on various fronts, we will continue to act with restraint and responsibility."
A senior member of the government, however, told the newspaper "Jediot Achronot": "The reform died on October 7 and will not come back to life."
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- The ongoing conflict over judicial reform in Israel, particularly in the Palestinian territories, has raised concerns about the impact on democracy and justice in Tel Aviv.
- Critics argue that the Israeli government's judicial reform, as advocated by Likud leader Benjamin Netanyahu, could potentially undermine the independence of the legal system and further strain Israeli-Palestinian relations.
- Menachem Masus, a former Chief Justice and Attorney General in Israel, has expressed concerns that the judicial reform could weaken the judiciary's ability to check the government's power and ensure adherence to the rule of law.
- A majority of Israelis believe that the country's domestic policy should prioritize democracy and upholding the judicial system, rather than pursuing controversial judicial reforms that may undermine these values.
- The Middle East Peace Process has been complicated by the Israeli government's decision to push ahead with judicial reform, further alienating Palestinians and adding fuel to the ongoing conflict.
- The Israeli government's handling of the judicial reform issue has sparked protests from citizens who see it as a threat to the country's democratic values and a potential obstacle to achieving a lasting peace in the region.
Source: www.stern.de
