Key Points
- Benjamin Netanyahu and his allies have proposed changes to Israel’s judicial system.
- The changes would give Israel’s government substantially more control over the country’s Supreme Court.
- Critics and protesters say the changes would give the government “unchecked power”.
Tens of thousands of protesters have taken to the streets of Israel this week, opposing judicial reforms proposed by the right-wing government.
Critics and protesters say reform would give the conservative government unchecked authority and lead to “societal collapse”.
Prime Minister Benjamin Netanyahu and his allies say the move would “correct an imbalance”, and believe the Supreme Court holds too much power.
Here’s what you need to know.
What are the proposed changes?
The plan was unveiled in January and is subject to approval through a series of preliminary votes inside the chamber.
Israel does not have a constitution and instead follows Basic Laws, which are enforced by the court.
Those opposed to the court say judges have exceeded their authority by claiming the right to strike down legislation through a reading of the Basic Laws.
The Netanyahu government wants to implement an override clause that would weaken the Supreme Court’s power and strip it of the ability to strike down laws.
Parliament would have substantially more control and gain the ability to overrule any Supreme Court decision with the support of 61 politicians in Israel’s 120-member parliament, or Knesset.
Mr Netanyahu and his allies also want the government to take control of Supreme Court nominees, a role held by a mixed panel of politicians, judicial leaders and other legal representatives.
Why are the reforms controversial?
Ian Parmeter, research scholar at the Centre for Arab and Islamic Studies at the Australian National University, said the changes had been broadly opposed by the more liberal sectors of society.
“The reality is that the changes that are proposed to the Supreme Court are quite radical and far-reaching,” he said.
“They’re opposed by previous members of the Supreme Court, by the current head of the Supreme Court, and by a coalition of what might generally be called the liberal elements or secular elements of Israeli society.”
If the reforms are passed, critics are concerned the government will hold excessive power.
Outside Israel’s Knesset in Jerusalem on Monday, protesters filled the grounds with a sea of blue and white Israeli flags and waved placards that read “Save Israel democracy” and “The whole world is watching”.
According to Ran Parat, a research associate at the Australian/Israel & Jewish Affairs Council and academic, opponents and protesters view the changes as a “dictatorship in the making”.
“Implications could be immense if the government does go ahead with the reform,” he said.
Israel Prime Minister Benjamin Netanyahu and his allies are proposing a reform of Israel’s Supreme Court. Source: AAP
“The worry of the protesters is that the government is eliminating political rivals, doing things like ‘my way or the highway’ … protesters feel it’s a dictatorship in the making.”
Some of Netanyahu’s critics have also tied the reform plan to , arguing he is seeking to undermine a judicial system he has accused of targeting him.
Why are people protesting in Handmaid’s Tale outfits?
Amongst the tens of thousands of protesters, women donned costumes inspired by the Handmaid’s Tale, a dystopian series set in a world where women have limited freedom.
Dr Parat says this comparison illustrates concerns over women’s rights under the conservative government.
Opponents of the proposed reforms to Israel’s judicial system are concerned women will have limited rights under the conservative government. Source: Getty / Eyal Warshavsky/SOPA Images/LightRocket
“It’s the idea of being slaves, and because the ultra-Orthodox parties in the coalition … have a different perception of what a woman’s place is,” he said.
“The fear is that the Supreme Court will lose its power to protect women’s rights.”
What happens now?
On Sunday, in a rare national address, president Isaac Herzog warned that Israel was “on the verge of legal and social collapse”.
The president, who holds a largely ceremonial role, urged the government to pause the legislative process and hold talks with the opposition in hopes of reaching a compromise.
“I am appealing to you with a request not to introduce the bill for its first reading,” Mr Herzog said.
The appeal was not successful, and on Monday, bills advancing the reforms were passed for a first reading.
“I think there is a very good chance it will happen, it requires only 61 members of the Knesset to pass the laws that are proposed,” Mr Parmeter said.
“This is an opportunity for right-wing elements of society to mould the court in their own interests, so I think there is a very good chance it will be passed.”
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