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Knesset Passes Law to Weaken Supreme Court

Protestors in front of the Knesset (Kobi Wolf, Bloomberg)

Jerusalem and Tel Aviv erupted in protest after Israel’s parliament passed a law that weakened the authority of Israel’s Supreme Court. “This puts us on the way to dictatorship,” said one protestor. “I have not stopped crying,” said another.

This week, the Knesset passed a law that abolishes the “reasonableness” clause that gives Israel’s Supreme Court authority to block laws it deems is too inconsistent with established precedence. The bill passed 64-0, after opponents walked out in protest. About 20,000 protestors marched in Jerusalem to reproach the move. Police used water cannons and skunk gas to disperse them, and at least 19 were arrested. Thousands more demonstrated in Tel Aviv, where at least eight were arrested. Thousands of military reservists have implied they would not report for reserve duty and two have already been court martialed. Senior military officers believe this could impact up to 10,000 reservists.  (Reportedly, Israel’s enemies are holding senior-level meetings to assess how best to exploit the situation.) Doctors also went on strike. The Israel Medical Association (IMA) claims that judicial overhaul would “devastate the healthcare system.” Its members went on a 24-hour strike to protest, though the strike did not extend to Jerusalem, which has been a scene of escalating confrontation. Prime Minister Benjamin Netanyahu described the bill as necessary to restore the balance of power and reign in an overreaching judiciary. Opponents, however, claim his far-right partners will use the new law to block Supreme Court interference with their plan to annex the West Bank.

The separation of powers is the key element a nation-state uses to keep a democracy from sliding into a dictatorship. Weakening that separation, and balance, of powers weakens the controls a government has and allows for the inevitable slip backward. That the Knesset could even fundamentally alter the balance-of-power by a simple vote indicates a flaw in Israel’s constitution.

The Biden Administration called the ruling “unfortunate” and Germany “very much regretted” that negotiations had broken down. Opponents said they would challenge the new law in the Supreme Court, which, of course, would be truly confusing and likely set-off a constitutional crisis. And this bill is only the first of 155 planned for remaking Israel’s government.

Source:

Dan Williams, “Israel Judicial Overhaul: Protests Mount Against Benjamin Netanyahu After Bill Passed,” Reuters, 25 July 2023; accessed from https://www.reuters.com/world/middle-east/anti-netanyahu-protests-mount-after-israel-passes-judicial-bill-2023-07-25/

Eliyahu Freedman, “Israel Protesters Vow to Continue Fight Against Judicial Bill,” Aljazeera, 24 July 2023; accessed from  https://www.aljazeera.com/news/2023/7/24/israel-protesters-vow-to-continue-fight-against-judicial-bill

“Israel Protests: Doctors Announce Strike Amid Mass Demonstrations Over Judicial Overhaul,” The Guardian; accessed from https://www.theguardian.com/world/2023/jul/25/israel-protests-judicial-overhaul-reform-news-doctors-strike

Photo: Kobi Wolf (Bloomberg)  

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