Israeli Justice Minister Revives Controversial Legal Reforms Amid Ongoing Conflict
Israeli Justice Minister Revives Legal Reforms Amid Conflict
Israeli Justice Minister Yariv Levin plans to revive the government’s legal reforms. These reforms have been on hold since the start of the Gaza conflict. Levin stated, “The time has come to support the rehabilitation of the legal system and to end chaos and anarchy.”
The proposed reforms emerged shortly after the Netanyahu government took office in late 2022. These plans aimed to strengthen government power, leading to widespread protests that persisted until Hamas’s attacks on October 7.
Pressure on the Supreme Court
A key element of the reforms involves appointing justices to the Supreme Court. The commission responsible for these appointments could largely be controlled by the sitting government. Yaniv Roznai, a law professor at Reichman University, highlighted that the Supreme Court serves as the only check on executive power in Israel, which lacks a constitution and has a single parliamentary chamber. He warned that the government seeks to diminish this oversight.
Previously, the coalition attempted to strip the Supreme Court of its authority through a proposed abolishment of the “reasonableness clause.” This clause allows the court to overturn decisions made by the Knesset (the Israeli parliament). In January, the court annulled the coalition’s suspension of this clause.
Additional Reform Plans
Levin also seeks to remove the attorney general overseeing Prime Minister Netanyahu’s corruption trial. Roznai noted that this urgency is due to Netanyahu’s impending testimony in the case.
New legislation might also emerge to block the candidacy of Arab candidates and parties. Arab political parties represent about 20% of Israel’s population. The coalition argues that this action is necessary for national security.
During wartime, pushing national security laws can be easier, while terrorism often serves as a pretext. Excluding Arab parties could significantly impact election thresholds, according to Roznai.
The coalition has made efforts to control media operations as well. They can now shut down news outlets deemed a “threat to national security.” Al Jazeera has already been banned from operating in Israel under this new law.
Is Israel Still a Democracy?
This situation raises questions about Israel’s status as a democracy, a label it often claims as the “only liberal democracy in the Middle East.” The V-Dem index, a significant benchmark for government systems, no longer classifies Israel as a liberal democracy. Instead, it has fallen to the status of an electoral democracy, maintaining free and fair elections but lacking characteristics of a liberal democracy, such as equal treatment. Proposed legal reforms contribute significantly to this decline.
Roznai observes, “The coalition parties are focused on survival, not on the war.” He emphasizes that democratic erosion occurs through various measures and laws aimed at undermining free press, banning political parties, and diminishing an independent Supreme Court.
Next Steps
The Knesset is set to discuss several proposals affecting the Supreme Court and legislation impacting Arab political representation in the coming weeks. Roznai stresses, “The coalition parties will do everything possible to remain in power,” especially with elections expected after the conflict. It remains uncertain whether current coalition members will maintain their positions in future governance.