An indispensable stand for democracy
These protests have transcended traditional boundaries, resonating well beyond the young ‘left wing’ urbanites.
Twenty-six weeks ago, as one of the new government’s inaugural actions, Justice Minister Yariv Levin introduced a comprehensive package of judicial reforms in Israel to curtail the power of the Supreme Court in striking down Knesset legislation, limit its authority in reviewing administrative acts, increase the influence of the executive and legislative branches in judicial appointments, and overhaul the process for appointing government legal advisers while reducing their legal powers.
It set in motion an unprecedented wave of protests that now represent the longest-standing and most widely attended demonstrations ever witnessed in Israel, drawing between 150,000 and 500,000 participants each Saturday for 26 consecutive weeks.
These protests have transcended traditional boundaries, resonating well beyond the young ‘left wing’ urbanites. The reforms have also faced substantial criticism from experts in law, economics, banking and technology, who argue that they pose a grave threat to the independence of the judiciary and the very essence of democracy.
When Defence Minister Yoav Gallant voiced his concerns about the security risk associated with the proposed reforms, Benjamin Netanyahu swiftly fired him in an act that was met with overwhelming public outrage – 500,000 people poured into the streets, including many right-wing voters, in a remarkable display of opposition. The events underscored not only the seriousness of the situation but also the resolute strength of the public’s opposition to the reforms.
To comprehend the gravity of the current reforms and the ensuing reactions, it is crucial to grasp Israel’s unique political environment and context. Unlike many Western democracies with written constitutions and bicameral legislatures, Israel lacks a formal constitution and operates with closely aligned executive and legislative branches. The legislative branch is single-tiered, lacking direct representation of voting districts, and the Prime Minister is not directly elected but rather assumes leadership as the head of the party leading the coalition. In this system, the judiciary plays a critical role as a check and balance on the executive and legislative branches. Consequently, any perceived attempts to weaken this vital institution naturally arouse public concern.
While some may dismiss the proposed reforms as minor or procedural, critics contend that they represent a significant shift in the delicate balance of power. For instance, one of the reforms mandates that a small majority in parliament can re-legislate a law previously struck down by the Supreme Court. Another proposed reform seeks to politicise the appointment of judges, placing control in the hands of the coalition.
The protesters enjoy substantial public support, with polls indicating that a majority of Israelis empathise with their concerns. Their influence has already reverberated throughout the political sphere, resulting in high-profile ministerial changes, policy reversals and shifts in public opinion. This wave of civil action underscores the immense power of collective dissent and serves as a poignant reminder to the government of the formidable force wielded by the people.
In addition to the Minister of Defence, other senior members of the Likud coalition, including former speaker of the Knesset Yuli Edelstein, have voiced opposition to the reforms, characterising them as “a dangerous step” that will “weaken the rule of law”. Edelstein further argues that the reforms are unnecessary and fail to address the underlying issues they purport to solve. Likud MK David Bitan goes so far as to deem the reforms “a waste of time and money”.
The proposed policies on judicial selection have already cleared two of the three necessary parliamentary votes. They now stand just a day’s voting away from potential implementation, constituting a loaded gun aimed at the heart of democracy. The ongoing protests thus serve as a crucial counterbalance and a stern warning to the government, cautioning against unilateral implementation of the reform policies.
Witnessing this historical juncture, it’s crucial to remember that these are more than protests. They are a manifestation of a populace deeply engaged with its political process, a society committed to holding its leaders accountable, and a nation that will vigorously defend its democratic institutions. The power of these demonstrations reaffirms a fundamental truth: democracy is not just a system of governance, but a living entity that necessitates constant vigilance, active participation and an unyielding resolve to uphold its principles.
Guy Pross is a former combat sailor in the IDF Navy and a lecturer at Reichman University.
Dr Dror Ben-Ami is a former combat paratrooper in the IDF, a researcher and academic at Tel Aviv University and a Herzliya councillor. Both are Israeli-Australian citizens and have been deeply involved in the Australian Jewish community.
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