By Ira Sharkansky, Ph.D
JERUSALEM — Key members of Israel’s establishment have taken aim at reforms indicated by ministers in Prime Minister Benjamin Netanyahu’s government.
According to the Times of Israel, Supreme Court President Esther Hayut denounced the new government’s plan, as proposed by Justice Minister Yair Levin, as radically overhauling Israel’s judicial and legal system, She said that it would deal a “fatal blow” to the country’s democratic identity…would fatally undermine judicial independence, give the Knesset a “blank check” to pass any legislation it pleases — even in violation of basic civil rights — and deny the courts the tools needed to serve as a check on executive power. “This is an unbridled attack on the judicial system, as if it were an enemy that must be attacked and subdued…This is a plan to crush the justice system. It is designed to deal a fatal blow to the independence of the judiciary and silence it…the 75th anniversary of Israel’s independence will be remembered as the year in which the country’s democratic identity was dealt a fatal blow.”
Hayut rejected arguments that Levin’s plans were necessary to uphold the will of the majority, asserting that although majority rule was “a fundamental principle at the heart of a democratic regime,” democracy was nevertheless much more than majority rule.
“One of the most important functions of a court in a democratic country is to provide effective protection for human and civil rights in the country…It is the guarantee that the rule of the majority does not turn into the tyranny of the majority.”
She continued by denouncing the changes planned to the Judicial Selection Committee, which would give the government more control over the appointment of judges to all courts, including the Supreme Court, “The new justice minister’s plan is not one to fix the justice system — it is a plan to crush it…It will severely damage the independence of the judges, and their ability to faithfully fulfill their role as public servants. The significance of this bad plan is therefore to change the democratic identity of the country beyond recognition.”
Attorney General Gali Baharav-Miara said Levin’s proposals will create an “imbalanced system of checks and balances,” and that “the principle of majority rule will push other democratic values into a corner…As jurists who serve the public, we must express our clear professional opinion.”
The Times of Israel also reported a controversy between the head of the IDF, Chief of Staff Aviv Kohavi, and proposals of Bezalel Smotrich and Itamar Ben-Gvir.
Kohavi issued a stark warning that efforts by the new government to split off parts of the responsibilities from the defense minister would damage the IDF’s command structure and hamper its battle readiness. “The IDF is responsible for everything happening in Judea and Samaria, and that’s how it needs to stay…There cannot be two commanding authorities there…The work that the Border Police is doing in Judea and Samaria is excellent and I hope that the situation remains just as it is today. The chain of authority needs to be preserved,” he said, referring to plans to take away control of the force from the Israel Police and to place it under the direct control of National Security Minister Ben-Gvir.
As reported in Ha’aretz, former Israeli President Reuven Rivlin said Monday that the incoming government’s proposals to overhaul the justice system “smell of vindictiveness and settling of scores.” Rivlin said that the slated legislation is more about “overriding than balancing,” and warned that overstepping would bring about “an opposition movement.”
Justice Minister Yariv Levin lambasted Hayut’s speech, saying it underlined his arguments that the justice system has been politicized, and chastised her for violating ethics rules for serving judges. He accused her of being politically aligned with the opposition. According to Levin, “It turns out there’s another party in Israel — a party that didn’t run in the elections two months ago, a party that places itself above the Knesset, above the public referendum . . .What we heard . . .comes straight from the ‘Black Flag protests,’ it’s the same political agenda .. .It’s the same cry to set the streets on fire…We didn’t hear statesmanship. We didn’t hear neutrality. We didn’t hear a balanced legal stance. We heard the words of politicians, stirring up demonstrators,”
Smotrich’s role as a minister within the Defense Ministry ostensibly allows him to appoint the generals leading the hybrid civil-military Coordinator for Government Activities in the Territories, subject to Netanyahu’s approval. Smotrich reacted angrily to Kohavi’s criticism, accusing him of “populism” and laying the groundwork for a future in politics. “If Kohavi wanted to understand and not just attack with populism in preparation for his entry into the political field, he could have talked to me and understood that the goal is not to harm the IDF’s chain of command but to remove the Civil Administration from the IDF and make it civilian…The IDF will deal with security and a civilian system will manage civilian life. Good for the citizens and good for the IDF.”
Where are we? Choose your heroes and those who should lose.
While somewhere between 50,000 and 80,000, depending on estimates, gathered in Tel Aviv — despite heavy rain — to protest what the government was proposing. And thousands more in Jerusalem and Haifa, also protesting.