
The seismic rift over Israel’s judiciary…
OFER BAVLY
The Israeli debate about judicial reform continues to dominate public discussion. It seems every Israeli has an opinion, either with the ruling coalition determined to enact reform-or with the opposition, equally determined to abolish the reform, or at least dilute it.
There is probably a consensus among Israelis about the need for some reform. Many agree that the judiciary branch-while respected as apolitical, independent, and strong-has overreached in its power vis-à-vis the legislative branch, and that its independence sometimes swerves into activism in limiting the power of the legislature-which represents the will of the people.
However, polls show that more than half of Israelis believe that the government has taken the reform too far in the other direction, potentially giving the legislative and executive branches excessive power over the courts. They feel that the proposals would damage the entire judicial system, by reinventing the government.
For almost four months (and counting), every Saturday evening, hundreds of thousands of Israelis take to the streets to protest “the judicial revolution.”
The protest movement has no leader or governing body, and is not run by any political party in the opposition. It is an amalgamation of many different grassroots organizations working together, ensuring that the Saprotest rallies are well-stocked with mobile stages, speakers, flags, and slogans. It has already become the greatest protest movement in Israel’s history, in terms of longevity and participation.
Many arenas are feeling the effects of the protests. Domestically, the protests have made the governing coalition realize the limitations of its power. Just before the Knesset went on its spring recess, the coalition reluctantly agreed to start a negotiation process with the opposition parties, pressured as it was by the large, sustained turnouts at the protests, economic developments, and increasing opposition expressed among IDF reservists.
The instability is also affecting the economy. The business community, always nervous about political uncertainty, signaled early on that the proposed reform’s threat to the independence of the judiciary would not be seen favorably. Foreign investors have reacted quickly by pausing potential deals or pulling out of the Israeli markets. Local funds and companies have started pulling money out of the country and investing it offshore, afraid of possible political action to mitigate potential economic effects. Lately, Moody’s has downgraded its forecast for Israel’s economy, citing the political instability as a main factor in its decision.
On the security front, the proposed reform has created a wave of protest among IDF reservists, many of whom have declared that they would refuse to show up for reserve duty should the reform plan be carried out. The number has reached critical mass, driving the defense minister to warn of the risk to national security. The prime minister briefly fired the defense minister on grounds that he was supporting the protests. Attacks from Hamas in Gaza, Hezbollah in Lebanon, and terror organizations and individuals in the West Bank have intensified, fulfilling the defense minister’s warning.
In the international arena, French, German, and U.S. leaders stated that they view judicial reform as potentially threatening Israel’s democratic values. All the warnings-and the impact on Israel’s economy and security-are not unheeded. Prime Minister Netanyahu understands that his coalition partners, and some members of his own Likud party, may have gone too far in their plans for reform.
However, he may not be able to stop the train that has already left the station. Instead, he is now focused on diluting the reform plan and securing the opposition’s approval. This will take considerable political skills in a high-stakes game that will impact Israel in many long-term ways.
This is a mess. This is democracy. Our only Jewish state’s democracy.
Ofer Bavly is a JUF Vice President and the Director General of the JUF Israel Office.