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Israel’s “Reasonableness Bill”: Unraveling the Precarious Balance

Saurav Raj Pant

July 31, 2023

9 MIN READ

Israel’s “Reasonableness Bill”: Unraveling the Precarious Balance

On July 24, 2023, Israel’s Knesset enacted a law that aims to reduce court scrutiny over government decisions as part of a sinister “judicial overhaul” planned by the far-right administration, marking a perilous turn towards far-right ideology.

The deterioration of Israeli democracy and possible repercussions for international relations are grave worries brought on by this disturbing development.

In order to reduce the courts’ ability to review and overturn government decisions, the legislative reforms at the heart of the Israeli dilemma aim to result in a considerable transfer of power from the courts to government.

These measures may concentrate greater power within the executive branch by restricting the courts’ capacity to review government decisions, which raises worries about the depletion of the democratic system’s checks and balances.

The plan to reduce the influence of the Supreme Court, a body traditionally renowned for its independence and its function in preserving the rule of law, is a crucial component of the changes.

As a fervent supporter of this attack on judicial independence, Prime Minister Benjamin Netanyahu dismissively refers to it as a “minor correction”, yet there is no doubt that it poses a serious danger to the rule of law and human freedoms.

The Supreme Court’s capacity to serve as a check on possible government excess would be diminished by the administration’s plan to allow a simple majority in the Knesset, Israel’s parliament, to overturn its judgments.

The government’s ambition to have more control over the selection of judges, especially those for the prestigious Supreme Court, is another bone of disagreement.

The administration is attempting to sway the court in its favor by boosting its participation on the committee that selects judges, which raises questions about the impartiality and integrity of the judicial system.

The proposed changes also include a plan to get rid of the legal necessity that ministers follow the advice of their legal counsel, including the attorney general’s counsel.

This action could give ministers more discretion in making choices, enabling them to dismiss legal counsel and take action without essential monitoring.

The many groups participating in the discussion of these legislative reforms have distinct and opposing points of view.

Protest against “judicial overhaul”

During the Knesset’s summer break, Prime Minister Netanyahu aims to win over a sizable portion of the populace to the reforms in an effort to legitimate them.

On the other side, far-right ministers in Netanyahu’s cabinet have major influence on the stability of the government and urge that the changes be implemented without any concessions or softening.

However, the opposition’s adamant resistance to the planned reforms and their possible effects is evident in their refusal to engage in conversations until the reform process is completely stopped.

As demonstrations fill the streets and the country’s largest labor union issues a general strike threat, the atmosphere in Israel is rife with instability and popular unhappiness.

Demonstrators are determined to intensify their protests in order to draw attention to the seriousness of the issue and the underlying tensions brought on by the suggested reforms.

The issue surrounding these law amendments in Israel is far from over, and its implications for the country’s democratic ideals and international relations are still unclear given the split viewpoints and growing feeling of unpredictability.

Israel’s normalization process with Saudi Arabia is also under jeopardy. Saudi Arabia wants Israel to make certain concessions from the Israel notably in relation to the two-state solution, in exchange for the possibility of a security agreement with the US.

As a fervent supporter of this attack on judicial independence, Prime Minister Benjamin Netanyahu dismissively refers to it as a “minor correction”, yet there is no doubt that it poses a serious danger to the rule of law and human freedoms.

The government aims to stifle opposition and strengthen its authoritarian hold over the country by consolidating authority within the executive branch.

The US, Israel, ultraorthodox and bill

The two-state solution, which is the cornerstone of US foreign policy and the Abraham Accords, is under jeopardy as a result of this bold maneuver, which also threatens Israeli democracy.

It is obvious that Netanyahu’s administration places a higher priority on growing Jewish settlements in the West Bank than on really pursuing peace with Palestine.

Any possibility of a peaceful conclusion to the protracted Israeli-Palestinian issue is dashed by this opportunistic approach.

Furthermore, the deterioration of democratic norms is also due to the unholy alliance between hard-core religious settlers and ultra-orthodox organizations that supports Netanyahu’s administration.

They use their power to divert public funds to religious schools, ignoring important courses like science and math in favor of indoctrinating their limited viewpoints. Such retrograde measures are harmful to Israel’s future development and standing abroad.

The country is immobilized as a result of Netanyahu’s desperate reliance on coalition politics to stay in power, with competing agendas constantly clashing and impeding real advancement.

Any attempt at excellent administration is hampered by the ensuing political turbulence and volatility, which distances Israel even more from its democratic principles.

Protests are breaking out even within the United States, a major provider of military assistance to Israel.

For the considerable financial assistance they give to Israel to guarantee that it preserves democratic norms, Americans rightfully expect responsibility.

As a result, any disturbances or worries that spread through Israel have a big impact on our shared interests. Let’s strive for a bright and hopeful future while maintaining our optimism together.

But rather than upholding the principles of its most steadfast supporter, Netanyahu’s administration appears more concerned with placating its allies who are religious extremists.

Israel’s normalization process with Saudi Arabia is also under jeopardy. Saudi Arabia wants Israel to make certain concessions from the Israel notably in relation to the two-state solution, in exchange for the possibility of a security agreement with the US.

The coalition government’s intransigence on further annexation of West bank and lack of interest in peace talks endangers the national interest and may jeopardize any prospects for regional stability.

Way Forward

Israel’s leadership, known for being a cautious US follower and one of the most powerful lobbies in the US Senate, may have been inspired by recent events in the US to restrict judicial power, endangering Israel’s democracy severely.

The U.S. Supreme Court had formally overturned Roe v. Wade in 2022; concluding that the constitutional right to an abortion, sustained for over 50 years, is no longer valid and opposing affirmative action in universities reflect a growing trend of disregarding court rulings that is driven by populism and the spread of false information on social media.

This attitude’s haughtiness is harmful to society and has to be changed right now.

Nepal proudly stands as a leading country in South Asia, having established full-fledged bilateral ties with Israel even before its immediate neighbors India and China, a great achievement that demonstrates our strength in diplomacy during 1960s.

Additionally, Israel has generously provided us with attractive, well-paying work opportunities, acting as a solid pillar in sustaining our economy.

As a result, any disturbances or worries that spread through Israel have a big impact on our shared interests. Let’s strive for a bright and hopeful future while maintaining our optimism together.

(Note: The author has used ChatGPT and other AI tools to improve the structure, grammar and clarity of the article. The author hereby declares that the idea spoken is original of the author.)

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