Israel’s new government unveils plan to weaken Supreme Court

By ISABEL DEBRE and JOSEF FEDERMAN
Associated Press

JERUSALEM (AP) — Israeli Prime Minister Benjamin Netanyahu’s justice minister on Wednesday unveiled the new government’s long-promised overhaul of the judicial system that aims to weaken the country’s Supreme Court.

Critics say the plan will upend the country’s system of checks and balances and undermine its democracy by giving absolute power to the most right-wing coalition in Israel’s history.

Justice Minister Yariv Levin presented a series of sweeping changes aimed at curbing the powers of the judiciary, including by allowing lawmakers to pass laws that the high court has struck down and effectively deemed unconstitutional.

“The time has come to act,” he said.

Levin laid out a law that would empower the country’s 120-seat parliament, or Knesset, to override Supreme Court decisions with a simple majority of 61 votes. Levin also proposed that politicians play a greater role in the appointment of Supreme Court judges and that ministers appoint their own legal advisers, instead of using independent professionals.

Levin argued that the public’s faith in the judicial system is at a historic low, and said he plans to restore power to elected officials that now lies in the hands of activist judges.

“We go to the polls and vote, choose, but time after time, people who we didn’t elect decide for us,” he said. “That’s not democracy.”

The planned overhaul has already drawn fierce criticism from Israel’s attorney general and the Israeli opposition, underscoring the difficulties that Netanyahu’s new hard-right government will face.

Yair Lapid, former Prime Minister and head of the opposition, said he will fight the changes “in every possible way” and vowed to cancel them if he returns to power. “Those who carry out a unilateral coup in Israel need to know that we are not obligated to it in any way whatsoever,” he said.

If Levin’s proposed “override” law is passed, Netanyahu’s ultra-Orthodox and ultranationalist allies have said they hope to scrap Supreme Court rulings striking down the legalization of illegal Israeli outposts on private Palestinian land in the occupied West Bank. They would also seek to allow for the protracted detention of African asylum-seekers and make official the exclusion of the ultra-Orthodox from the country’s mandatory military service.

In Israel, Supreme Court judges are appointed and dismissed by a committee made up of professionals, lawmakers and some justices. Levin wants to give lawmakers a majority in the committee, with most coming from the right-wing and religiously conservative ruling coalition.

“It will be a hollow democracy,” said Amir Fuchs, senior researcher at Jerusalem’s Israel Democracy Institute think tank. “When the government has ultimate power, it will use this power not only for issues of LGBTQ rights and asylum-seekers but elections and free speech and anything it wants.”

Recent opinion polls by the Israel Democracy Institute found that a majority of respondents believe the Supreme Court should have the power to strike down laws that conflict with Israel’s basic laws.

Netanyahu has publicly sought to assuage concerns about Israel’s future as a liberal democracy and vowed in a speech Wednesday to “implement reforms that will ensure the proper balance between the three branches of government.”

Since being indicted on corruption charges, Netanyahu has campaigned against the justice system. He denies all charges, saying he is the victim of a witch hunt orchestrated by a hostile media, police and prosecutors.

In his speech, Levin said his plan to overhaul the judicial system is “not connected in any way” to Netanyahu’s trial.

Further fueling the clash over the judiciary, Levin’s announcement comes just a day before the Supreme Court is expected to hear petitions against the appointment of a convicted lawmaker for Cabinet minister. Just hours earlier, Attorney General Gali Baharav-Miara, a prime target of the new government, declared her opposition to the appointment of Aryeh Deri earlier Wednesday.

As part of negotiations to form the current government, Israel’s parliament last month changed a law to allow someone convicted on probation to serve as a Cabinet minister. That paved the way for Deri, a key part of the coalition that brought Netanyahu back to power, to become health and interior minister, as well as finance minister in a rotation agreement after two years. Deri was convicted on probation last year for tax offenses.

Good governance groups saw the legal maneuver as a green light for corruption by a government cavalierly changing laws for political expediency.

Baharav-Miara made her standing clear in a note to the Supreme Court, which is set to soon discuss appeals against Deri’s appointment. She said the appointment “radically deviates from the sphere of reasonability.” She has reportedly said she will not be defending the state in court against the appeals, because of her opposition.

Baharav-Miara was appointed by the previous government that vehemently opposed Netanyahu’s rule. Netanyahu’s allies have floated the idea of splitting up the post of attorney general into three roles including two that would be political appointments. That would water down the current attorney-general’s authority while opening the door for Netanyahu to install someone favorable to throwing out the charges against him.