ISRAEL'S CONVULSIVE DALLIANCE WITH JUDICIAL REFORMS

Without a formal written Constitution, an independent Supreme Court is crucial in sustaining a liberal democracy

- PINAK RANJAN CHAKRAVARTY

DESPITE strong opposition from political parties and unending protests by Israelis, Prime Minister Benjamin Netanyahu’s rightwing government pushed ahead with a bill to overhaul the judiciary a few weeks ago. The Knesset

passed the highly controversial bill, which contains extensive proposals to curtail the power of the Supreme Court in nullifying the government’s actions and decisions. This bill is seen as a highly politicised move of the ruling far-right coalition, which is determined to clip the judiciary’s wings. Protesting opposition members left the Knesset plenum and boycotted the voting.

Netanyahu and his allies have argued that the bill is a much-needed corrective to moderate unwarranted judicial activism. Right-wing politicians have long argued that the judiciary interferes too much with legislation, is biased in support of liberal issues and undemocratic in how judges are selected. With a slim majority, Netanyahu and his coalition allies in the Knesset successfully passed the bill after compromise negotiations with the opposition failed. Protesters surrounded the Knesset and clashed with security forces.

Israelis have been on the streets since January this year, protesting against this bill which they believe undercuts the checks and balances built over the years to sustain a healthy democracy. Israel’s steadfast ally, the USA, has cautioned Israel that the judicial reforms, without an overwhelming consensus, would adversely impact bilateral ties. Many Israelis view this tussle as critical to the identity of Israel rather than just as a technical issue. They believe their country is slipping into authoritarianism under the Netanyahu government. Israel lacks a written Constitution but follows a charter called the Basic Laws. Without a formal written Constitution, an independent SC is crucial in sustaining a liberal democracy.