Israel’s Democracy Under Threat: The Battle for Judicial Independence

1st SECURITY SERVICE WERTHEIM ®
"Benjamin Netanyahu at press conference" by Downing Street is licensed under CC BY-NC-ND 2.0

 

Netanyahu has made grave mistakes

 

For a long time, Israel was considered the only democracy in the politically unstable Middle East. Despite the noise and quarrels, the rule of law functioned well. However, this pristine reputation has been tarnished, even endangered.

Prime Minister Benjamin Netanyahu has seriously attempted to push through a judicial reform in the form of a cold political coup. If successful, the Supreme Court – a crucial anchor of the separation of powers – would be reduced to a mere bystander. Parliament could have overturned any decision of the Supreme Court with a simple majority, which is even more serious given that Israel has no constitution. The Supreme Court has a fundamental role in interpreting the basic laws.

 

 

Netanyahu has made grave mistakes. Firstly, he exposed himself to the accusation that he wanted to railroad the de facto synchronization of the judiciary with the legislative and executive branches for his own interest. The Prime Minister is charged with fraud, breach of trust, and bribery. With a truncated supreme judiciary, he faces less political danger.

Moreover, Netanyahu miscalculated with his spaceship policy: he thought he could fly in with a judiciary reform crafted to his liking, present it to the public as a finished product, and then move on with business as usual.

 

 

This approach has failed spectacularly. The Prime Minister was so detached from reality that he simply ignored the broad resistance in the population. Not only did the opposition parties call for a storm against the plan, but hundreds of thousands of people took to the streets, soldiers of the army protested, and the unions called for a general strike. Defense Minister Joav Galant even dared to rebel openly with his refusal of the judicial reform.

Rarely has a Prime Minister ruled so much against the people as Netanyahu. President Yitzhak Herzog finally warned of a „civil war“ and practically accused the Prime Minister of incompetence with his concrete thinking.

 

 

Netanyahu could have taken the steam out of the tense situation by suspending the controversial law project early on. A signal along the lines of „We have understood“ would not have resolved the conflict, but would have calmed people’s minds at least a bit. The Prime Minister missed this opportunity. Even after Monday night’s announcement to postpone the reform, his reputation remains massively damaged. Given the unrest in the country, he must be accused of a dangerous loss of control.

 

 

One can even go further: the leader of the most right-wing government in the history of Israel is no longer in control. He has become a hostage of a coalition that includes ultra-Orthodox and, for the first time, even far-right parties. The latter includes not only Itamar Ben-Gvir, Minister for National Security but also Finance Minister Bezalel Smotrich. The latter called for counter-protests for the judicial reform, adding fuel to the fire.

 

Netanyahu can no longer control the bullies and polarizers in his cabinet. This exacerbates the already deep political divide in the country. It is feared that the government’s radical course will further exacerbate the conflict with Palestinians in the West Bank and Gaza Strip.

.red.Ray.,
Wertheim 28.03.2023

 

 

 

 

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