Netanyahu may not be able to resist pressure from his far-right supporters to demand compliance from the judiciary
Post Date – 12:30 AM, Wednesday – 4/12/23
by Dhananjay Tripathi
Hyderabad: Due to various reasons, the recent large-scale public protests in Israel have attracted the attention of the international community. Israel has historically been viewed politically as a right-wing state: a country that erected walls and kept Arabs under tight security controls, and has been widely accused of denying Palestinians basic human amenities. Thus, the country has legalized all its extremism for years without arousing strong public outrage. Contrary to that image, people are protesting in the streets against judicial reform proposals by the far-right government led by Benjamin Netanyahu.
Israel’s judiciary
In fact, Israel has no written constitution. Despite several attempts to draft a constitution since 1948, they have not been successful. In the absence of a clear set of guidelines from the government, some traditional and customary practices have been given weight in law enforcement. Over the years, Israel has enforced some basic laws and rights. Some experts believe that these unwritten but accepted laws have semi-constitutional status and are widely accepted by society.
Knowing fully the status of the Constitution, the judiciary is seen as the guarantor of rights. It is also seen as an impartial institution and thus has credibility among free and progressive ordinary citizens of Israel. While the world is aware of right-wing politics in Israel, the country also has an outspoken liberal left; they register their political presence from time to time.
Returning to the issue of the judiciary, in Israel all legislation and government policy is subject to judicial review. The review is available to the Supreme Court, which can even strike down government orders and direct them to be re-enacted. In this regard, the Israeli judiciary is quite strong. That’s why this is a problem for some, especially for those who like major political changes in the country.
The far right in Israel has been known to complain about the judiciary. Israel’s judiciary generally favors secular principles and supports the separation of church and state. Taking such a stance in Israel is not easy, which is why the judiciary is still under attack by Zionist groups.
Let’s give a few examples. After Israel seized Arab territories at the end of the war in 1967, it began promoting Jewish settlement in the conquered areas. In this regard, the state approved the new settlement of Elon Moreh (Orthodox Jewish settlement). The settlement is just outside the West Bank city of Nablus. People in the West Bank turned against Elon Morey, and the matter went to court. In a five-judge panel, Israel’s Supreme Court rejected the government’s case against Elon Morey. The government failed to convince the court that Elon Moreh was a security and military necessity for the state. The verdict angered Mafdal, a pro-settlement Zionist party, and called for opposition to it.
Not only that, but Israeli courts have handed down favorable judgments in the past in favor of LGBT rights, gender justice, and a greater separation of religion and state. However, some sentences have also been questioned by liberals, but they have not lost faith in the judiciary. In contrast, the far right has consistently demanded control over the independence of the judiciary.
Now let’s discuss why people are so excited about the proposed reforms.
proposed reforms
Israel’s current government is extreme right-wing, and critics also call it an exclusive government. The government is aggressive and wants more substantive changes to the state that will affect its character in the long term. In a way, it’s like establishing the unrivaled power of right-wing politicians in Israel. The biggest obstacle is a popular and autonomous judiciary. Thus, through the proposed reforms, the Knesset will be given the power to overturn judicial decisions by a simple majority. The government also wants to control the appointment of judges, ultimately changing Israel’s existing judicial system. The impartiality and boldness of the judiciary will be compromised if the so-called “reform” proposals are accepted.
Some say such a major restructuring of the judicial system is necessary if Netanyahu is to free himself from the corruption case. Netanyahu has been accused of bribery and misconduct, and an unfavorable sentence could damage his political career. While this may have been one of the reasons he wanted a subordinate judiciary, there are other ideological motivations that we discuss here as well.
Condition
Israelis were clearly upset by the government’s actions and took to the road to express their pain. Sitting at a distance, this protest could easily make anyone curious. Especially when the same current government was elected by the people only a few months ago. Moreover, the rise of right-wing populism in international politics has only strengthened Netanyahu’s position. Nonetheless, countries such as the United States of America have responded with considerable caution. President Biden expressed concern about the judicial proposals and said the White House may not extend an invitation to Netanyahu “anytime soon.” Biden suggested that Israel withdraw the proposal. America is like Israel’s all-weather friend; such negative comments are totally unexpected. Israel officially calls the U.S. position one of foreign interference in its internal affairs. For Israel, though, U.S. criticism cannot be ignored, given its continued support from Washington on key issues in the past.
The protests intensified when Netanyahu fired his defense minister, who spoke out against proposed judicial reforms. The government was forced to set aside an earlier decision to change the judicial system following mass protests. So things have ostensibly calmed down, but how long will Netanyahu hold the judiciary under pressure from his far-right supporters? Zionist groups will continue to demand “reform” of the judiciary. Still, the Israeli polity remains strongly ideologically divided among voters, and any attempt to reshape the country’s legal and political underpinnings would face similar resistance.
Beyond protest?
While many understand Israel’s outrage over a progressive issue, should we read it beyond the protests? It is best not to make major concluding statements at this stage. It is worth noting that regional politics in West Asia are changing, and Israel is no longer considered a country with which Arabs would not engage diplomatically. The United Arab Emirates established political relations with Israel in 2020.
Therefore, it would be unwise to make some major changes to the country’s domestic or international policies. Granted, Israel’s right is currently lagging behind, but it will look for opportunities to bounce back.
