After 36 consecutive weeks of protests (massive in the streets and strategic in the army reservist corps) in Israel, the train of the judicial reform proposal launched in January by the Minister of Justice, Yariv Levin, is getting a little closer more to a station called “constitutional crisis.” These last two words have been the most cited and feared this Tuesday at the beginning of the momentous hearing of the Supreme Court (TS) that for the first time in its history convened all its judges. For ten hours broadcast live, the 15 magistrates have dealt with the eight appeals presented against the first law approved of the Government’s plan aimed at cutting some powers of the TS in the relationship between the three powers. The sentence is scheduled at any time in the next four months in which anything can happen in the political field: from the freezing of the initiative to its continuation, further tightening the rope that crosses a divided country.
Two months ago, the coalition made up of 64 of the 120 deputies after the November 1 elections approved in the Knesset an amendment that eliminates one of the main resources of the TS (reasonableness criterion) to review decisions and appointments of the rulers. Lawyers, businessmen, social activists, former high-ranking military officers and an anti-corruption association appealed to the highest judicial instance to annul it, alleging that it “modifies the basic structure of democracy.”
The TS, chaired by Esther Hayut, can decide not to intervene if it interprets that the amendment “does not substantially contradict the Jewish and democratic essence of Israel” or return it to Parliament to be corrected in such a way that the criterion of reasonableness is limited and not cancelled. The third option would set a precedent since for the first time a basic law – with constitutional character in a country without a constitution – would be repealed, with the possibility, also for the first time, that members of the coalition not abide by the ruling. Without a doubt, the most expressive reflection of the institutional struggle in which, in its extreme scenario, State officials must choose between decisions of the ministers and sentences of the magistrates.
In the session, the Government was represented by lawyer Ilan Bombaj since legal advisor Gali Baharav-Miara opposes the amendment, considering that it “severely hits the foundations of the democratic system.” Bombaj recalled that the TS has other instruments to supervise and Judge Isaac Amit told him that “democracy does not die by several strong blows but in a series of small steps.”
His line of argument points out that the Supreme Court does not have the power to invalidate a basic law and warns that it could lead to “anarchy.” Levin, who maintains that his reform seeks “to rebalance the authorities and correct the excess of power of the TS,” wrote: “Today’s hearing in the TS, with the absence of authority, is a mortal blow to democracy and the status of the Knesset.” According to him, “the Government always respected the rulings of the TS and the TS respected the basic laws. The responsibility falls on the judges so that they do not break this common basis. I cannot imagine that they would do so.”
“Esther Hayut, don’t even think about invalidating a basic law,” warned the Minister of Finance, Bezalel Smotrish, while the president of Parliament, Amir Ohana, sent a message repeated by several deputies: “The Knesset will not allow itself to be trampled submissively.”
Whether it was a bluff, bluff or threat, Prime Minister Benjamin Netanyahu did not want to answer clearly whether he will abide by the sentence. The Minister of Defense, Yoav Gallant, responded affirmatively, emphasizing that “we are in a rule of law” and called for a national pact. The belief is that the Government will respect the sentence whatever it is.
“This is not a basic law but an irresponsible document on which they put the title Basic Law,” says opposition leader Yair Lapid, who responds to Ohana: “The Knesset will accept any ruling by the TS.”
The day before, more than 20,000 Israelis demonstrated in front of the judicial headquarters in Jerusalem at a key moment in their fight against the reform that they see as an “attack on the separation of powers and democracy.” “The Government has lost its people, its army and its legitimacy as seen in the demonstrations and in the polls where less than 20% support its antidemocratic revolt,” declared one of the leaders, Shikma Bressler, while her colleague Moshe Radman He added: “The people support the TS in the defense of democracy against extremists.”
“We oppose laws that want to change our country in a negative way and reflect the social fracture after the last elections,” the Israeli of Argentine origin Miguel Groisman tells EL MUNDO in the face of a crisis that has uncovered pending issues such as the relationship between religion and the State and, to a lesser extent, the conflict with the Palestinians.
Yes. The first way is an agreement between the coalition and the opposition that suspends the bill and modifies the norm approved in July. The other is unilateral. Before traveling next week to the UN General Assembly in New York where he will meet President Joe Biden for the first time since his return to power, Netanyahu could announce a Roadmap to end the crisis and reduce unrest of Biden who has not yet invited him to the White House.
The veteran leader, who is facing a trial for corruption, will try to freeze the project without his Government going up in flames. The most militant wing of the Likud -led by Levin- and the two far-right parties demand that he continue the reform while the old guard of the Likud and the two ultra-Orthodox parties promote a pact with the opposition.
A week ago, President Isaac Herzog’s new mediation attempt failed. In a document that he approved and rejected after being leaked to the media, Netanyahu promised to park the project for 18 months and modify the law that this Tuesday reached the highest judicial instance in a day that consolidates the debate on what authority the last one has. word in Israel.
