By Ira Sharkansky, Ph.D
JERUSALEM — Israel’s government has an edge in the Knesset, but it’s only four seats. And there is substantial opposition to what its extreme members are proposing to do with the judiciary. One option is for a Knesset majority able to override the Supreme Court’s opposition to a Knesset law or a government policy. Another option is to provide politicians, linked to the government, with substantial more authority than at present to appoint Judges to the Supreme Court.
The opposition can be summarized as standing against either substantial change to the current balance between the Court and the Government. It takes the form of weekly demonstrations in excess of 50,000 in Tel Aviv and thousands more in Jerusalem, Haifa, Beer Sheva, and other locales. Plus threats by investors, and some action, to remove their funds from Israel. As well as indications or actual actions by key individuals to leave Israel, which they describe as a country that’s giving up on democracy.
As well as comments against the proposal from the Chief Justice and the Legal Advisor to the Government.
According to The Jerusalem Post: “Over half of Israel’s GDP is the result of its hi-tech sector’s industry and service exports. In 2021 alone, hi-tech exports accounted for 54% of Israel’s GDP, totaling around $67 billion. A majority of Israel’s investment capital flows into the hi-tech sector from foreign investors seeking the Start-Up Nation’s world-renowned innovation…’Businesses need checks and balances, and they need consistent rule of law. When a government has all the power…you’re no longer protected or have that predictability you need…if you have an independent Supreme Court, it’s shown again and again that it can protect minorities and protect against a government that tries to overreach.'”
Foreign governments, including the U.S., have also expressed their concern about what is happening in Israel.
The U.S. and Israel have several common issues: Iran, Arab governments that have moved to open diplomatic relations with Israel, and the Palestinians. Prime Minister Benjamin Netanyahu has more or less clear postures on all these issues, not always in sync with policies of the U.S. Secretary of State Antony Blinken’s recent visit included some private talks with Bibi, but not so with extremist members of his government. The hints available to outsiders indicated American pressure to avoid major steps of judicial “reform ” while holding onto Bibi as the head of Israel’s government, and the man to talk with.
According to a European official, Israel runs the risk of having its green status within the European Union revoked if it cannot prove whether Israeli judges could meet the European standard of being sufficiently independent, to ensure fundamental human rights, and that no one can overrule its judges.
In defense of his government, and against widespread criticism, Netanyahu said, “Nobody will harm intellectual property rights and the honoring of agreements, values which are sacred to us and which are the critical test. Not only will our moves do no harm, but they will strengthen [the economy] and return Israel to a stronger legal status.”
What that means, we can all guess.
The reality is complicated. Comments, demonstrations, pulling out of money and personnel have been responses against proposals. But it’s still a way—perhaps a long way—between proposals and actions. And the hope is that Bibi will respond to proposals, and limit what comes from them.
We’ve heard comments that major reform will depend on the next Knesset, assuming that there’ll be an election before current proposals move to actions. A poll by one of Israel’s major news channels shows a dip in support for the government, but not an overthrow to something else. According to the poll, Bibi’s government will lead with 62 seats in the 120-seat Knesset, as opposed to 64 seats that it currently controls.
A four-seat majority, and certainly a two-seat majority is not enough for Bibi to rely upon. The prime minister has supported the extremists in his government, but has not moved to implement what they propose. We can hope that he is listening to the opposition—from investors and foreign governments, if not so much to Israeli protesters. Extremists’ proposals would remove Israel from the list of well-balanced democracies, and turn it into something else. As far as we can see, Bibi stands between Israel and its demise.
And he is also concerned with his own fate in the courts.
President Isaac Herzog has expressed his concern about the proposals and the opposition. He’s spoken about the split in the country, and the perilous status of the Israeli regime. He also offered himself and his office as a forum of working out a compromise. So far no takers.