The China Mail - What's next for Israel's divisive judicial reforms?

USD -
AED 3.672504
AFN 65.000368
ALL 81.216919
AMD 362.051328
ANG 1.789785
AOA 917.000367
ARS 1515.25437
AUD 1.435956
AWG 1.80125
AZN 1.70397
BAM 1.739803
BBD 2.01708
BDT 123.195303
BGN 1.747831
BHD 0.378775
BIF 2997.464751
BMD 1
BND 1.281146
BOB 11.69239
BRL 5.065104
BSD 1.001468
BTN 95.050483
BWP 13.720589
BYN 3.015879
BYR 19600
BZD 2.014233
CAD 1.41575
CDF 2313.50392
CHF 0.825932
CLF 0.024881
CLP 979.255437
CNY 6.691204
CNH 6.686704
COP 3173.953654
CRC 455.099408
CUC 1
CUP 24.035938
CVE 98.087444
CZK 21.645304
DJF 178.33919
DKK 6.651204
DOP 61.433083
DZD 133.824668
EGP 53.529689
ERN 15
ETB 163.585998
EUR 0.889904
FJD 2.26765
FKP 0.750199
GBP 0.752078
GEL 2.590391
GGP 0.750199
GHS 11.695058
GIP 0.750199
GMD 73.503851
GNF 8810.21216
GTQ 7.652004
GYD 209.527198
HKD 7.84815
HNL 26.885202
HRK 6.703804
HTG 131.147978
HUF 323.310388
IDR 18053
ILS 3.09465
IMP 0.750199
INR 94.965504
IQD 1518.213762
IRR 1795877.503816
ISK 121.180386
JEP 0.750199
JMD 159.195837
JOD 0.70904
JPY 158.01504
KES 130.098296
KGS 87.450384
KHR 4070.631144
KMF 440.00035
KPW 899.999961
KRW 1334.740383
KWD 0.31082
KYD 0.834586
KZT 453.195748
LAK 22534.359294
LBP 89683.40524
LKR 331.690611
LRD 170.751234
LSL 16.462394
LTL 2.95274
LVL 0.60489
LYD 6.431526
MAD 9.729662
MDL 17.966464
MGA 4507.405595
MKD 54.836988
MMK 2099.858992
MNT 3597.263832
MOP 8.096339
MRU 40.037362
MUR 47.230378
MVR 15.460378
MWK 1736.600987
MXN 18.492904
MYR 4.083204
MZN 63.903729
NAD 16.462394
NGN 1331.210377
NIO 36.854512
NOK 9.427704
NPR 152.081128
NZD 1.767253
OMR 0.382413
PAB 1.001468
PEN 3.444825
PGK 4.547436
PHP 62.986038
PKR 277.237468
PLN 3.88825
PYG 5719.877241
QAR 3.660721
RON 4.730604
RSD 104.461148
RUB 84.13468
RWF 1478.183516
SAR 3.752837
SBD 8.064647
SCR 13.905529
SDG 601.503676
SEK 9.912404
SGD 1.282104
SHP 0.754745
SLE 24.680371
SLL 20969.504398
SOS 572.343548
SRD 37.794504
STD 20697.981008
STN 21.794245
SVC 8.763065
SYP 13001.999685
SZL 16.455989
THB 33.445038
TJS 9.228751
TMT 3.51
TND 2.98768
TOP 2.40776
TRY 49.513804
TTD 6.798915
TWD 32.453604
TZS 2646.44398
UAH 44.920874
UGX 4136.458658
UYU 40.314905
UZS 12073.121914
VES 878.910604
VND 25894.5
VUV 119.757204
WST 2.787783
XAF 583.738825
XAG 0.017551
XAU 0.000240063761
XCD 2.70255
XCG 1.804919
XDR 0.707052
XOF 583.738825
XPF 106.089045
YER 236.150363
ZAR 16.494037
ZMK 9001.203584
ZMW 20.049815
ZWL 321.999592
SSP 5758.113256
MXV 2.088032
  • RYCEF

    0.4000

    19.71

    +2.03%

  • CMSC

    0.0000

    20.4

    0%

  • BTI

    0.4200

    56.05

    +0.75%

  • BP

    0.2800

    44.43

    +0.63%

  • RBGPF

    1.6000

    67

    +2.39%

  • RIO

    -0.1500

    94.41

    -0.16%

  • AZN

    -0.4300

    166.15

    -0.26%

  • GSK

    0.4600

    49.7

    +0.93%

  • BCE

    -0.4100

    20.56

    -1.99%

  • NGG

    -0.2500

    75.24

    -0.33%

  • VOD

    -0.0400

    16.58

    -0.24%

  • RELX

    -0.4500

    33.07

    -1.36%

  • BCC

    -0.5500

    76.59

    -0.72%

  • CMSD

    -0.0300

    20.27

    -0.15%

  • JRI

    -0.2500

    10.77

    -2.32%

What's next for Israel's divisive judicial reforms?
What's next for Israel's divisive judicial reforms? / Photo: © AFP/File

What's next for Israel's divisive judicial reforms?

Mass protests and strikes rocked Israel this week in the face of the hard-right government's decision to push through a controversial legal reform weakening the powers of the Supreme Court.

Text size:

As opponents of the legislation vow to rally again, here's a recap of the latest events and a look ahead to what comes next:

- What happened this week?

Lawmakers allied to Prime Minister Benjamin Netanyahu on Monday threw their support behind an amendment which scraps the "reasonableness" clause, used by the Supreme Court to overturn government decisions which are deemed unconstitutional.

The law passed with 64 votes in the 120-seat chamber, after opposition lawmakers stormed out shouting "shame".

The measure was a key part of Netanyahu's broader judicial reform package, which the government argues is necessary to rebalance powers between elected officials and the Supreme Court.

Critics have taken issue with the draft legislation for months, fearing it could pave the way to a more authoritarian government without judicial oversight.

They also accuse Netanyahu, who is on trial for corruption charges he denies, of trying to use the reforms to quash possible judgements against him.

He rejects the accusation.

- What new powers does it give?

Netanyahu's coalition has a parliamentary majority, meaning it does not need opposition support to pass legislation.

As Israel does not have an upper house of parliament, the "reasonableness" law was put in place to allow judges to determine whether a government had overreached its powers.

"The decision to overturn (the law) is seriously extreme, because the government or a minister can now appoint who they want without checks," said Claude Klein, emeritus professor at the law department of Jerusalem's Hebrew University.

"It gives unlimited powers to a government."

- How was the law used?

The "reasonableness" law has only been used a handful of times against government decisions.

It is a tool used "only when decisions are extremely unreasonable", according to Suzie Navot, a constitutional law professor at the Israel Democracy Institute think tank.

"If they (government) take a decision that is corrupted, then the court will intervene."

The measure was used recently in a high-profile ruling which barred a Netanyahu ally, Aryeh Deri, from serving in the cabinet because of a previous tax evasion conviction.

- Can the vote be challenged?

There have already been numerous petitions filed with the Supreme Court against Monday's legislation, including by the Israel Bar Association.

Navot says it is possible the country's highest court will strike down the legislation which has been classified as a Basic Law -- forming part of the country's quasi-constitution.

"A Basic Law cannot revoke or infringe on the core values of Israel as a Jewish and democratic state," she said.

"The Knesset (parliament) is not empowered to change the essence of the country and if it does so, then the court will be able to declare even a Basic Law unconstitutional," she added.

But Supreme Court justices have never before made such a ruling.

The court on Wednesday announced it would take on the case and not freeze the legislation while legal proceedings are underway.

Hearings are set to be heard in September and are likely to be televised, giving the public a chance to see all parties present their arguments.

- What's next for the wider reforms?

With parliament entering its summer recess, the next piece of Netanyahu's legal overhaul is not expected to hit the chamber floor for months.

The premier on Monday promised talks with the opposition.

Julia Elad-Strenger, a politics lecturer at Israel's Bar-Ilan University, said this week's vote was a "big win" for the government and its overhaul plans.

"Because once the first law has passed with such protest, it will be easier to pass the next," she said.

Other items on the agenda include handing the government a greater say in the appointment of judges and downgrading the status of legal advisers attached to ministries.

"The most important part of the project is the process of nominating judges, not that which was voted on Monday," said Klein.

- Will Israel's divisions deepen?

Opposition leaders and protesters, who have taken to the streets in their tens of thousands every week since January, are sceptical of the government's sincerity in holding talks.

"This is a gesture of winners, not of losers," said Elad-Strenger.

Divisions are only expected to deepen in the coming months, as the government presses ahead with its reform package.

For Klein, the situation is no less than "the greatest legislative crisis in the history of the country."

P.Ho--ThChM