Israeli Prime Minister Benjamin Netanyahu reportedly expressed frustration on Sunday with the disruptions caused by increasing demonstrations against his plans to overhaul the judiciary. He called a meeting with the attorney general and his Cabinet to discuss measures to counter the actions taken by police in response to the protests.
Tomorrow, Netanyahu's religious-nationalist coalition plans to present a parliamentary bill for its initial reading. The bill seeks to restrict the "reasonableness" standard in judicial review, which opponents fear could potentially result in the misuse of power.
In recent months, the State of Israel has seen a surge of protests against Benjamin Netanyahu's proposed judicial overhaul. Corruption charges against Netanyahu initially sparked the demonstrations, but have since grown to accommodate fears about potential changes to the judicial system. The protests are propelled by opposition groups and concerned citizens who claim that the proposed reforms could diminish the authority of the Supreme Court and pave the way for political meddling.
Media sources report that “reasonableness” empowers the courts to invalidate government and administrative decisions if they are deemed to have overlooked important factors related to a specific issue or failed to consider those factors appropriately. This can happen even if the decisions do not violate any particular legal provisions or contradict prior administrative judgments.
The introduction of the legislation follows unsuccessful negotiations between the government and the opposition last month in an attempt to reach a compromise. After a period of reduced activity, street protests are reemerging, and demonstrators are planning to gather at Israel's main airport on Monday.
“I can tell you — agreements are possible — in general, and certainly on the specific issue of the ‘reasonableness clause.’ An agreement is attainable. And yet, still no one is willing to sit down and talk, now, without preconditions. This is a blunder of historic proportion,” noted Isaac Herzog, president of Israel since 2021.
The opposition perceives the bill as a danger to the independence of the judiciary and a move towards placing the Supreme Court under the control of politicians. Netanyahu, currently facing corruption charges, denies these claims and asserts that the reform is needed to assert equilibrium among the different branches of government and limit excessive judicial authority.
However, opponents of the government's plan to significantly limit the application of the "reasonableness" doctrine in court argue that this tool plays a crucial role in safeguarding rights that are not explicitly listed in Israeli law. They opine that the proposed bill would hinder the courts' capacity to defend and protect those rights, media sources say.
In a televised statement before the Cabinet meeting, Netanyahu emphasized that the government would not restrict the right to protest or condone any violence against demonstrators.
However, he contended that these freedoms should not involve "illegal actions that infringe upon the fundamental rights of millions of citizens." He cited instances such as disruptions at Ben Gurion Airport, road blockades, and harassment of elected officials by protesters as examples. According to Netanyahu, Attorney General Gali Baharav-Miara, who has faced criticism from multiple Cabinet ministers regarding how law enforcement is dealing with instances of disruptive behavior during protests against the government, was asked to explain during Sunday's meeting.
“I hope the government is not asking me to say that it wants more aggressive enforcement to suppress the protest against it, against the professional judgment of the [police] commanders on the ground and the state prosecution,” Baharav-Miara stated while responding to criticism.
In reaction to the news of a possible closure of all 24 malls on Tuesday, Big Shopping Centers expressed their concern over the "reasonableness" bill, describing it as a perilous move towards unlawful government corruption and dictatorship. They argued that such legislation would significantly impact businesses and create uncertainty in Israel's economy.
The ongoing dispute over judicial reform in Israel has sparked worries about the country's democratic wellbeing and has adversely affected the economy. As reported by an Israeli business and financial news site, Israel's economy is estimated to have registered roughly 150 billion shekels ($41 billion) in losses, mainly due to plummeting stock prices, a weakened Israeli shekel, and rising inflation caused by the currency's 5% depreciation against the dollar. These factors have contributed to a rise in people's living expenses.