Bansri Shah, Pune
Massive protests have broken out in Israel following an amendment to legislation passed on July 24, 2023, that weakens the power of the Supreme Court and the judiciary in government-made decisions. The proposal of the law had been met with great opposition from the country, including warnings from the United States and protests since January 2023. Yet it was passed unanimously, at 64-0, by the government coalition, effectively overturning judicial powers in Israel. For many, this is the first step that will lead to the downfall of democracy in Israel.
Hundreds of protestors took to the streets of Tel Aviv as they opposed the passing of the legislation. Violence broke out, including setting fire to tires and setting off fireworks on the part of the protestors, as the police used water cannons to disperse crowds that were blocking the highways in Jerusalem and Tel Aviv. Amid these clashes, at least 40 protestors were arrested, and at least 10 police officers were injured. The Israeli Medical Association announced a 24-hour strike on Tuesday. Israel’s biggest trade union, Histadrut, has threatened country-wide strikes, along with the Israeli Defense Force (IDF) reserve pilots and the members of the Air Force, who have threatened to not report for duty if the law stands. Israel’s long-term ally, the White House, too, commented on the law as being “unfortunate”.
The law has sparked such unrest because it stands to essentially become a threat to democracy as a whole. Government decisions will no longer be in a position to be questioned if the Supreme Court is not allowed to intervene in matters.
According to Prime Minister Benjamin Netanyahu, the law is necessary to curb excessive intervention at the hands of the Supreme Court. The law, then, puts the concept of “reasonableness” at risk. This concept gives the Supreme Court the power to deem a decision unreasonable if all necessary factors haven’t been considered or if unnecessary factors have been considered too much. The subjectivity of the clause was put into question while proposing the law; the government stated the clause to be “too vague a concept,” which allowed judges to take decisions based on their personal biases.
While the Parliament has adjourned and will reconvene in the fall, Mr. Netanyahu has set the date for November to discuss the law with the opposition to come to an agreement that suits everyone. However, there is no guarantee that that will happen or not.