What’s next for Israel after Netanyahu’s judicial overhaul?

EXPLANATOR

The new law limiting the powers of justice is not irreversible, but the way forward is uncertain.

A law passed by Israel’s parliament on Monday that would overhaul the judiciary and limit its powers has sent the country into uncharted territory, amid massive opposition protests.

The new legislation, known as the Reasonableness Bill, removes the Supreme Court’s ability to overturn government decisions found to be unreasonable.

The far-right government, led by Prime Minister Benjamin Netanyahu, says the judges have become too strong and need to be reined in, while the opposition says the government aims to weaken the judiciary and prevent it from being able to maintain checks on the government.

The legal effects of the legislation, part of a wider judicial overhaul the government has been pushing for, will likely remain unclear for weeks to come.

Here’s what we know so far:

Is the new invoice reversible?

The new law is not irreversible, but the way forward is uncertain. Israel has never faced a similar challenge from the government before.

Monday’s bill was signed into law as an amendment to one of Israel’s Basic Laws, which constitute the country’s constitutional framework.

So far, the Supreme Court has never struck down fundamental laws, only ordinary laws that violate fundamental laws. But he had the power to do that, and that power would go away with the new reasonableness bill.

At least three civil society organizations have filed a petition with the Supreme Court asking that it strike down the new law on the grounds that it conflicts with the country’s basic laws. Opposition Leader Yair Lapid also said he would file a petition in the coming days.

Consequently, the opposition is now seeking to use the very tool that Monday’s bill was intended to undermine, putting the Supreme Court in an awkward position.

One legal argument the highest court could use to disqualify the legislation would be that it violates Israel’s core values, arguing that the amendment is undemocratic. But it’s unclear whether the bill constitutes a strong enough turn to justify the decision.

What will the opposition do?

Israel’s divisions are likely to be widened by Monday’s bill passing. The country faces popular unrest, workers’ strikes and a mutiny by some soldiers.

A growing number of military reservists have warned they will no longer report for duty if the government goes ahead with its plan, jeopardizing Israel’s war preparedness.

Israeli doctors went on a 24-hour strike and Israel Medical Association president Zion Hagay said doctors angered by the legislation were looking to move abroad.

The government threatened the strikers with disciplinary sanctions. Local media reported that the government was seeking an injunction forcing doctors back to work.

Al Jazeeras Mohammed Jamjoom, a reporter from the occupied West Bank, said the medical union needed to get permission from the labor court to ensure health workers would not be seen as failing in their duties.

A labor court eventually ordered striking medical providers back to work, but many appointments had already been canceled for the day.

What else does the government intend to do?

Monday’s bill was passed as part of the government’s broader plan to overhaul the justice system.

Other reform plans include major changes to the Basic Laws to reshape the balance of power between the Knesset and the High Court of Justice, dividing the role of attorneys general and limiting the ability to petition against government actions.

Carmiel Arbit, nonresident senior fellow for Middle East programs at the Atlantic Council, said Israelis expect reforms to continue quickly.

As the most right-wing coalition government in Israel’s history pursues what many unaffectionately call a salami approach to legislative reform to undermine the justice system, slice by slice, Israel’s democratic institutions are on the verge of being deeply undermined, Arbit said.

In a country that lacks a constitution, the Supreme Court has been a key buttress, preventing the passage and implementation of laws that would allow Israel’s ultra-religious parties to tyrannize its mostly secular population, the analyst added. The result is indeed a crisis.

Netanyahu said the upcoming Knesset summer recess until mid-October could be an opportunity to negotiate further changes to the justice system, and he blamed the opposition for the failure to reach a compromise on the recently passed bill.

On Monday, he sought to placate the opposition, saying he hoped to reach consensus on any new legislation by November.