Israel’s Parliament Passes Law Weakening Supreme Court

Israel’s Parliament Passes Law Weakening Supreme Court
Israel's Prime Minister Benjamin Netanyahu, center, is surrounded by lawmakers at a session of the Knesset, Israel's parliament, in Jerusalem on July 24, 2023. (Maya Alleruzzo/AP Photo)
Zachary Stieber
7/24/2023
Updated:
7/24/2023
0:00

Israel’s parliament on July 24 approved a law that limits the Israeli Supreme Court’s ability to challenge parliamentary decisions.

The law includes a provision that prevents judges from striking down government decisions on the basis that they’re “extremely unreasonable.” The law taking effect would mean that the Supreme Court wouldn’t be able to review decisions, such as the termination of officials, on grounds of being unreasonable.

The law, part of a plan backed by Prime Minister Benjamin Netanyahu that would change the judiciary, was passed in a 64–0 vote after opponents walked out rather than voting against it. The first procedural vote was 64–56.

Justice Minister Yariv Levin, the architect of the plan, said parliament had taken the “first step in an important historic process” of overhauling the judiciary.

Other parts of the plan include a bill that would let a majority of the parliament overturn Supreme Court decisions and a law that would enable parliament to select judges.

The Movement for Quality Government, which opposes the law, quickly asked the country’s highest court to act against the law over it allegedly being unconstitutional.

“The government of destruction has raised its malicious hand against the State of Israel, and they are threatening to destroy everything we have built here in the last seventy-five years,” Eliad Shraga, the movement’s chairman, said in a statement.

Mr. Netanyahu, 73, and his allies say the changes are needed to curb the powers of unelected judges and restore the balance of the three branches of government.

Critics say they’re unnecessary and fueled by personal and political grievances of Mr. Netanyahu—who’s on trial for corruption charges—and his partners.

Demonstrators have protested against the planned changes, including blocking a road leading to parliament. Some companies, including gas stations, closed in protest ahead of the vote. And thousands of military reservists have declared their refusal to serve.

“We are headed for disaster,” Yair Lapid, leader of the opposition in the parliament, said before the law was approved.

According to the Times of Israel, Mr. Lapid said after the vote: “This is a complete breaking of the rules of the game. The government and coalition can choose what direction the state goes in, but it can’t decide the character of the state.”

Mr. Netanyahu’s supporters thronged central Tel Aviv to show support for the planned changes to the judiciary while he decried the military trying to force the government’s hand.

Israeli police use a water cannon to disperse demonstrators during a protest against plans by Prime Minister Benjamin Netanyahu's government to overhaul the judicial system, outside the Knesset, Israel's parliament, in Jerusalem on July 24, 2023. (Ohad Zwigenberg/AP Photo)
Israeli police use a water cannon to disperse demonstrators during a protest against plans by Prime Minister Benjamin Netanyahu's government to overhaul the judicial system, outside the Knesset, Israel's parliament, in Jerusalem on July 24, 2023. (Ohad Zwigenberg/AP Photo)

Mr. Netanyahu was rushed to the hospital over the weekend, requiring surgery to receive a pacemaker. He was released hours before the vote took place and arrived at parliament to observe the procedure. His doctors said on July 23 that the surgery had gone smoothly, and the prime minister said in a short video statement from the hospital that he felt fine.

U.S. President Joe Biden, whose Democratic party favors limiting the power of the U.S. Supreme Court, has said that Israel should work to form a consensus behind the overhaul.

“Given the range of threats and challenges confronting Israel right now, it doesn’t make sense for Israeli leaders to rush this—the focus should be on pulling people together and finding consensus,” Mr. Biden told media outlets in a statement.

Mr. Biden and Mr. Netanyahu discussed the issue during a call in July.

Mr. Netanyahu paused the overhaul in March after intense pressure from protesters and labor strikes that halted outgoing flights and shut down parts of the economy. After talks to find a compromise failed, he said his government was pressing on with the overhaul.

“We entered into a continuous dialogue for three months. The coalition made a number of proposals to the opposition, proposal after proposal for three months, continuously. But, to my great sorrow, the hand that was extended to the leaders of the opposition was left in the air,” Mr. Netanyahu said in a statement.

Mr. Lapid said this week that negotiators weren’t able to reach an agreement.

“Our main condition was to protect Israeli democracy, but with this government, it is impossible to reach agreements that preserve Israeli democracy,” Mr. Lapid told reporters, according to local media.

Israeli President Isaac Herzog said in a brief statement on July 24 that officials were “working around the clock” to find a solution to the gap between the parties.

“The citizens of Israel are thirsting for hope, and expect responsibility and leadership,“ he said. ”During these decisive hours, I call on elected officials to act with courage, and to reach out in order to arrive at understanding.”

The Associated Press contributed to this report.