Recap: Israelis Protest Against Netanyahu for Judicial Independence
For the 20th consecutive week, tens of thousands of Israelis protested across the country against Prime Minister Benjamin Netanyahu’s plans to tighten control over the Supreme Court.
Netanyahu’s government plans to allow a simple majority of 61 in the 120-seat Knesset to override almost any Supreme Court rulings, effectively allowing politicians to appoint justices to the bench. The proposals are led by Justice Minister Yariv Levin and the chair of the Knesset’s (Parliament’s) Law and Justice Committee, MK Simcha Rothman. Both men have long harboured animosity for Israel's Supreme Court, which many right-wing movements in Israel see as biased against the Mizrahi and settler movements. Netanyahu and his government have defended the judicial changes, stating the reforms will restore a proper balance between the three branches of government.
Critics of Netanyahu’s planned reforms worry that these changes will result in an erosion of democratic norms, with the Supreme Court playing a significant role in checks and balances in the absence of a formal constitution or a second legislative chamber.
The protests, which began on January 7, 2023, have sparked the most significant protest movement in Israeli history, with 122 demonstrations taking place in Tel Aviv alone between January and March 2023, according to data from ACLED. On April 1st, around 450,000 Israelis took to the streets to protest, approximately 5% of the population. A poll published by the Israeli Voice Index stated that 21% of Israelis had participated in at least one demonstration against the judicial overhaul. Major strikes were coordinated by Histadrut, Israel's biggest trade union, which saw flights suspended from Israel's main airport and universities, transportation networks, and restaurants closed. Over 660 teachers announced they would not cooperate with educational programs contradicting democratic values. The protests have placed increased pressure on Netanyahu's government, especially when facing opposition.
Attempts at compromise led by Israel's president, Isaac Herzog, have been unsuccessful amid civil war concerns.
The attempt to push through judicial changes comes during Netanyahu’s corruption trial. The Israeli Prime Minister, who has served a total of 5 non-consecutive terms, was charged with fraud, breach of trust, and accepting bribes in 2019. The trial, which began in May 2020, has featured over 40 prosecution witnesses, including former aides turning against the premier. Despite this, he was re-elected for a record fifth term in November 2022, leading one of the most right-wing coalitions the country has seen. Netanyahu denies all charges against him and claims he is the victim of a ‘witch hunt’. Opponents of Netanyahu claim he has a conflict of interest at a time when he is on trial.
Netanyahu has promised to continue with the proposed legal reforms despite delaying them in March 2023. If the legal reforms go ahead in their current form, Israel will likely experience an unprecedented crisis in which the supreme court could invalidate all or portions of the law intended to limit its authority. Due to the lack of a written constitution or bicameral parliament, the reforms would eviscerate an independent judiciary and fundamentally undermine Israel's democratic system.
Talks between opposition and coalition officials have been unsuccessful, with senior officials stating that the negotiations were dead in the water due to the coalition's insistence that it would end up controlling the judicial committee.