Israel’s opposition and protest movement assailed Prime Minister Benjamin Netanyahu for seeking more control over the selection of judges, in what’s emerging as the next fault line in the government’s efforts to push through a divisive judicial overhaul.
(Bloomberg) — Israel’s opposition and protest movement assailed Prime Minister Benjamin Netanyahu for seeking more control over the selection of judges, in what’s emerging as the next fault line in the government’s efforts to push through a divisive judicial overhaul.
A backlash built in Israel as critics lined up to lambast Netanyahu for clinging to a key plank of an overhaul that many fear threatens the country’s democracy. A group leading the largest anti-government protest movement in the nation’s history vowed to intensify demonstrations in response.
Netanyahu, speaking Sunday in an interview with Bloomberg, said he’s working to change the makeup of the judge selection committee while abandoning other steps announced by his government as it took office in January. Israel’s stocks gained slightly on Monday as investors waited to see if Netanyahu’s latest plan would be enough to halt unrest in the country.
If Netanyahu meant his comments as a concession, they instead provoked fury within the opposition camp, suggesting he faces a bruising fight ahead after already seeing months of protests and challenges against the planned changes.
Former Justice Minister Gideon Sa’ar said Netanyahu is determined to “complete a regime coup with a government takeover of the justice system for personal reasons.”
‘Then Stop’
Yair Lapid, Netanyahu’s predecessor as prime minister and the current head of the opposition, said Netanyahu’s comments are tantamount to declaring that “we will wipe out Israeli democracy completely, destroy the army, destroy the economy, and then stop.”
Judges in Israel are selected by a committee of nine that includes three members of the Supreme Court, two members of the organized bar and four politicians, one of whom is traditionally from the opposition.
Netanyahu and his supporters say the system has allowed judges to play too big a role in choosing their successors and want to increase the role of politicians.
In the interview, Netanyahu didn’t elaborate on exactly what he wants to change, only saying “it would probably be about the composition of the committee that elects judges.” The prime minister promised to negotiate but made clear he may move forward with the measure if he garners enough support for it from the public, without specifying what that means.
Critics see little common ground with a government they believe is bent on achieving what Dan Meridor, a former justice minister under Netanyahu, said amounts to “the end of democracy.”
Checks and Balances
Netanyahu’s opponents say that because the legislature is controlled by the executive in Israel, the judiciary is the only real check on their policies, especially in a country that lacks a written constitution or two houses of parliament.
“If judges are not selected based on their quality and qualifications alone, we will not have proper judges,” said Eliad Shraga, a lawyer and head of Israel’s Quality of Government movement.
A proposal to codify the changes as law started working its way through Israel’s parliament last spring as part of a legislative blitz meant to revamp the judiciary. Though the effort was briefly suspended in March, negotiations to find a compromise between Netanyahu’s cabinet and the opposition eventually broke down.
Legislators then passed a law in July that removed another judicial tool to curb the oversight powers of the courts by preventing judges from voiding government decisions they deem “unreasonable.”
Israel’s Supreme Court will hear an appeal against the new law on Sept. 12.
Basic Laws
The government is facing a separate showdown over so-called basic laws, which effectively act as constitutional legislation in the absence of a written constitution.
The heads of the ruling coalition on Sunday said the Court has no authority to overrule basic laws or determine the timing of their introduction. That was after the Court said it may delay a law that limits their power to declare a prime minister incapacitated. The new legislation has riled Netanyahu’s critics at a time he faces corruption charges.
Former Finance Minister Avigdor Lieberman said the legislation was “tailor-made to suit Netanyahu’s personal needs.”
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