What happened: The government passed its amendment to Basic Law: The Judiciary, that cancels the use of reasonability when judges review governmental decisions.
- Despite hopes of a compromise leading up to the vote, the efforts failed and in the end the opposition walked out of the Knesset ahead of the vote, allowing the coalition a 64-0 victory.
- Cancelling the clause means the High Court of Justice will be unable to apply the test of reasonability to challenge government decisions or appointments.
- Following the vote, the protests grew and continued late into the night. In several places clashes broke out between anti-government protesters and the police. In central Tel Aviv hundreds of people blocked traffic on the main Ayalon motorway, with eighteen people arrested after police horses were deployed and water cannons sprayed putrefied ‘skunk spray’. Protest organisations said 32 demonstrators were wounded, 19 of whom were taken to hospital.
Reactions: Prime Minister Netanyahu called the move, “a necessary democratic step, one designed to restore a measure of balance between the authorities… We passed the amendment to the reasonableness standard so that the elected government will be able to lead policy according to the will of the majority of the citizens of the state.”
- Leader of the Opposition Lapid said, “We saw today Netanyahu’s unprecedented performance of weakness. There is no prime minister in Israel. Netanyahu has become a puppet of messianic extremists.”
- Head of the National Unity Party Gantz said, “Anyone who thinks he won today will soon discover that this was a terrible mistake for all of us. I am a man who has known battle; I say to you today: We may have lost the battle, but we will all win the war. We will do whatever it takes to reverse course and to fix things. That will happen. Everything that passed today will be annulled and erased from the statute books. Sooner or later.”
- The White House issued a statement, “As a lifelong friend of Israel, President Biden has publicly and privately expressed his views that major changes in a democracy to be enduring must have as broad a consensus as possible.”
Context: One of the most striking images from the Knesset yesterday saw Defence Minister Gallant’s failed last-minute attempts to convince Justice Minister Levin to soften the text, whist Prime Minister sat between them.
- It is thought that Netanyahu would also have preferred a softer version to pass, but when faced with threats from Minister Ben Gvir that if amended, his party would resign and bring down the government, Netanyahu chose survival and sided with the hardliners.
- On one level it has been argued that it was a rare moment that Netanyahu looked weak, perhaps deliberately, so not to be seen as leading the initiative, but rather captive to his own government.
- Unlike the anonymous vote for the Judges Selection Committee, this time all 64 coalition MKs voted in unison.
- However, this vote has further exposed the deepest social rift the country has known since its founding.
- Prior to the vote, the IDF Chief of Staff had requested a meeting with the prime minister but was rebuffed and only met later in the day. However, high-ranking senior officers briefed ministers and warned them of the security ramifications:
- The army is concerned that the divided country will signal a loss of deterrence and embolden Israel’s enemies.
- The division among the forces would have operational repercussions.
- The loss of judicial independence could make it easier in the future to put IDF figures on trial in the Hague.
- Head of the Mossad David Barnea reportedly reassured colleagues that the organisation would be ”on the right side of history” should a constitutional crisis emerge. He was quoted saying, “We serve a democratic state and are not currently in a constitutional crisis. If we find ourselves in one, we will act according to legal counsel.”
- There is also concern over the economic fallout of the decision. The shekel fell again against other foreign currencies, as did the Tel Aviv stock exchange.
- There are ongoing concerns over what the consequences of increased uncertainty will be on foreign investments and Israel’s foreign credit rating.
Looking ahead: The government’s vote will now be challenged in the High Court – a process that could take a few months.
- Lapid meanwhile has called on members of the IDF reserves to wait until the High Court of Justice has a chance to rule before deciding to suspend their ongoing service.
- It will be up to the government if it wants to test the new law, possibly by re-appointing Aryeh Deri as minister or carrying out the threat to dismiss the attorney general.
- The Knesset soon goes into summer recess until mid October. Netanyahu hopes to make use of the time to reach a consensus with the opposition over other components of judicial reform.
