Bethan McKernan
The Guardian / July 24, 2023
Roars and cries from demonstrators as bill passes 64-0 after opposition politicians leave plenum in protest.
Israel’s far-right, ultra-religious government has succeeded in passing a key part of the coalition’s judicial overhaul, seven months after introducing the legislation, in the face of widespread, sustained opposition from protesters.
The bill abolishing the “reasonableness” clause that allows Israel’s unelected supreme court to overrule government decisions was passed into law by a final vote of 64-0 in parliament on Monday. Every member of the coalition voted in favour, while opposition lawmakers abandoned the Knesset plenum in protest, shouting “Shame!” as they left.
In a televised address on Monday night, Netanyahu described the bill as “a necessary democratic act” that would “return a measure of balance between the branches of government.”
The prime minister called for fresh dialogue with the opposition and pleaded for national unity. As he spoke, Israeli TV showed a split screen with a police water cannon spraying crowds of protesters, as demonstrations continued late into the night. Police said they arrested a driver who hit a group of protesters in central Israel, injuring three people.
The streets around the parliament building in Jerusalem were thronged with approximately 20,000 protesters waving blue and white flags, some of whom marched to the city over four days last week. There were cries as news of the vote result filtered through the crowd, together with shouts of “we will never give up”.
At least 19 people were arrested in protests around the country by late afternoon, as police used water cannon – and for the first time, skunk gas – to disperse people blocking roads, while malls and businesses in many cities closed their doors in solidarity.
The police commissioner, Kobi Shabtai, said on Monday evening his forces were prepared for demonstrators to attempt to break into parliament.
Shoshana, a 67-year-old protester, said: “I’m here because there’s really negative changes happening and they need to stop. The government’s not paying attention to the people … I think it is going to get chaotic and violent.”
Shiri, a 36-year-old protester, said: “I don’t know if I can process what just happened … I’m scared for my future. I think we have no choice but to strike and to fight back.”
In the Knesset, which was empty of opposition members, the mood was jubilant. “We have taken a first step in a historic process of fixing the country’s justice system,” said the justice minister, Yariv Lavin, a chief architect of the changes and close ally of the prime minister, Benjamin Netanyahu.
The national security minister, the far-right extremist Itamar Ben-Gvir, said the passage of the law was “good news” for Israel. “The law we passed today is important for democracy, but it is only the beginning,” he said.
Last-minute compromise talks, brokered by the figurehead president, Isaac Herzog, failed to come up with any solid plan before the vote.
Israel may now have a full-blown constitutional crisis on its hands, as a political watchdog group immediately moved to file a supreme court appeal on the grounds that the new law was a “de facto elimination of the judicial branch”.
Upwards of 10,000 military reservists – some in crucial roles, such as special forces, pilots, and intelligence officers – may stop reporting for duty as promised now that the overhaul has advanced, sparking fears both inside the military and outside over the army’s operational readiness.
And wide-scale industrial action is expected after the head of Israel’s largest trade union said he would meet other union officials to discuss the possibility of a general strike – similar to a strike in March that brought the country to a standstill and forced the prime minister to temporarily freeze the overhaul.
Netanyahu’s coalition of rightwing and ultra-Orthodox parties introduced a package of sweeping judicial changes when he returned to office in December after an 18-month stint in opposition. The legislation is aimed at curbing the influence of the supreme court, which the Israeli right has long alleged is biased and too powerful for an unelected body.
The planned changes, including limiting the court’s ability to overturn laws and giving politicians more control over judicial appointments, have been denounced by critics as a transparent power grab that will erode democratic norms and aid Netanyahu’s fight against graft charges, which he denies.
The issue has split the country along lines of religion, ethnicity and class, thrown the military into chaos, damaged the shekel, and led to public concern for Israel’s democratic health from key allies such as the US.
A White House spokesperson said on Monday that the US viewed the developments at the Knesset as “unfortunate”, and “urges the Israeli government to work toward consensus through political dialogue”.
An estimated one in four Israelis, 10% of whom identified as right wing, say they have participated in protests, according to a poll published by the Israel Democracy Institute.
Monday’s dramatic events were heightened by the return to parliament of Netanyahu, who underwent an emergency heart procedure on Sunday.
The 73-year-old was admitted to the Sheba medical centre on Saturday night after a heart monitoring device implanted last week revealed anomalies. The operation went smoothly, but the state of the premier’s health is now in the spotlight after Israeli media reported on Sunday that cardiac arrhythmia was detected in another hospitalization last week, and the information withheld from the public.
Now the “reasonableness” clause has been scrapped, it is expected that the coalition will immediately move to reinstate the disgraced interior minister Aryeh Deri, who was barred from holding a cabinet position by the supreme court, as well as introducing legislation permanently exempting ultra-Orthodox men from military service, and bills expanding Israeli settlement and control of the occupied West Bank.
It will also pave the way for further bills related to the judicial overhaul when the Knesset reconvenes after the summer break.
Bethan McKernan is Jerusalem correspondent for The Guardian
