[ With no judicial oversight, this self-serving government can use
its powers to fire and appoint anyone it wants, use public resources
for pet projects and otherwise abuse its power. Israel is a very
different country than the one founded 75 years ago]
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A DARK DAY FOR ISRAELI DEMOCRACY  
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Eetta Prince-Gibson
July 25, 2023
Moment [[link removed]]

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_ With no judicial oversight, this self-serving government can use
its powers to fire and appoint anyone it wants, use public resources
for pet projects and otherwise abuse its power. Israel is a very
different country than the one founded 75 years ago _

Demonstrators protest in Jerusalem against the Knesset’s vote to
strip “reasonableness” as a criterion of judicial review., Credit:
Eetta Prince-Gibson / Moment

 

On Monday, July 24, at 3:46 p.m. Israel time, the Knesset voted to
abolish the criterion of “reasonableness” as the grounds for
judicial review
[[link removed]] of laws
passed by the Knesset. And with that, Israeli society moved
irrevocably further from the values of democracy, equality and
tolerant Judaism and frighteningly closer to autocracy and
illiberalism [[link removed]].

Following the vote, the coalition celebrated itself on the Knesset
floor with smug selfies. The market and the Israeli shekel immediately
began to fall, and the country deteriorated further into pandemonium
as hundreds of thousands of demonstrators, many hundreds of whom had
been camping outside the Knesset for days, took to the streets,
blocking major transportation arteries, waving the Israeli flag,
screaming “shame on you!” and singing the pro-democracy
movement’s newest anthem: “If there is no equality, we will topple
the government; you’ve picked the wrong generation to tangle
with.” The police responded violently, using water and skunk
cannons, smoke bombs, clubs and horses to disperse the demonstrators.
The chaos continued throughout the night.

Until Monday, if the court determined that the government had used
political, irrelevant or arbitrary considerations when making its
decisions, or if a decision was patently discriminatory or
anti-democratic, the High Court, if petitioned, could strike the
decision down under the reasonableness clause or even reverse it. 
 

Credit:  Moment
No longer. Now, the government can do pretty much do whatever it
pleases. For example, when forming his government in January 2023,
Benjamin Netanyahu appointed his loyal supporter, ultra-Orthodox
Shas-leader Aryeh Deri, to head three ministries—including the
Treasury. In response to petitions brought by civil society and
political groups, the court ruled that, given Deri’s long history of
corruption convictions and because by accepting the appointments he
was violating a plea deal he signed in his most recent corruption
trial, which included Deri’s promise to take himself out of
politics, the appointment was unreasonable.

“But we were elected and the judges are not!” the politicians
screeched. “Who are these judges, a group of meddling, Ashkenazi
elites, to decide, willy-nilly, to reverse our decisions, on the basis
of their own interpretations of reasonableness?!  We, not the Supreme
Court judges, were elected by the people.”

They were hardly persuaded by the fact that “reasonableness” is a
foundational element of the legal system not only in Israel, but in
many other “common law” countries, where the law is determined by
judicial precedent rather than statutes, from England to the United
States, Canada, Australia, New Zealand, India, Singapore and beyond.
Nor did they take into account that the court has actually rejected 52
of the 64 petitions it received to strike down a government
appointment, and of the other 12, only seven applied the
reasonableness standard.

With no judicial oversight, this self-serving government can use its
powers to fire and appoint anyone it wants, to use public resources
for pet projects and to otherwise abuse its power. And it is hardly
surprising that Netanyahu, currently on trial for fraud, breach of
trust and accepting bribes, is leading the effort to weaken the
judiciary.

Israel’s Supreme Court has been the protector of the rights of
minorities and the disenfranchised, and of democratic values. But now,
Israel’s most ultra-conservative and ultra-nationalistic government
will have the power to make Israel over in its own image—more
religious, less tolerant, less pluralistic, more hateful.

And so when Settlements and National Missions Minister Orit Strook
makes good on her promise to present legislation stipulating that
doctors have the right to choose what kind of patient they are willing
to treat; or when Finance Minister Bezalel Smotrich pushes a law, as
he has said he might, that Jewish and Arab women should not give birth
next to each other—there won’t be much we can do about it. Or when
the coalition parties propose legislation to allow private businesses
to deny their product or service selectively to some customers and to
allow medical personnel to withhold treatment, including fertility
treatments for unmarried women and LGBTQ couples, if it goes against
their religious convictions—there won’t be much we can do about
that, either.

 

Demonstrators protest in Jerusalem against the Knesset’s vote to
strip “reasonableness” as a criterion of judicial review.
 (Credit: Eetta Prince-Gibson / Moment)
Nor can anything be done to stop a proposal to change the criteria for
banning candidates from running for the Knesset, making it easier to
push out Arab-led parties and MKs representing some 20 percent of
Israel’s population, thus guaranteeing that Israel will not be able
to create a center-left government. Or a bill to impose sweeping new
restrictions on freedom of worship at the Western Wall that would ban
visitors from wearing “immodest” clothing; prevent egalitarian,
mixed-gender prayer at the section of the holy site where it is now
allowed; and criminalize the activity of the Women of the Wall prayer
rights group. Violators could be slapped with a half-year prison term
and a fine of up to 10,000 shekels ($2,867).

I know that the Netanyahu coalition won in the November elections, and
that it has a democratic right to govern this country. But it
doesn’t have the right to use the democratic process to destroy
democracy.

EVEN AFTER THIRTY CONSECUTIVE WEEKS OF PROTESTING, I should not have
been surprised that the law was changed.

After all, the government has ridiculed calls by U.S. President Joe
Biden and other world leaders to seek consensus and to maintain
democratic values. It has ignored warnings by doctors and medical
personnel who went on strike because they fear that patients’
rights, including access to abortions, could be eliminated and that
unqualified people will be appointed to high-level positions. And it
made light of the fact that 68 percent of Israeli startups have
started to take “legal and financial steps,” including the
withdrawal of cash reserves, to move their headquarters outside of
Israel, relocate employees and conduct layoffs.

But I did think Netanyahu would listen to his own constituencies.
Blitzing the legislation through, the coalition members repeatedly
proclaim that they are enacting the will of the people. But according
to a recent survey by the Israel Democracy Institute, barely one-half
of all voters for coalition parties would like to see the
implementation of these reforms continue as planned. About 30 percent
of those who voted for the Likud, Netanyahu’s own party, are against
it.

And I didn’t really want to believe that Netanyahu, who has branded
himself as Mr. Security, would disregard the letter signed by 10,000
IDF reservists stating they will suspend their volunteer reserve duty
in protest of the government’s plans to overhaul the judicial
system; or belittle the statement by 1,142 Israeli Air Force
reservists, including over 400 pilots, that they will suspend their
volunteer reserve duty; or ignore warnings by the military’s chief
of staff that the judicial overhaul is splitting the military and that
Israel’s existence could be imperiled.

Yet in response, arrogant as always, Netanyahu said, “The country
can get by without a few [Air Force] squadrons, but not without a
government.”

THE ACRID SMELL OF SULFUR FROM THE SKUNK-MOBILES IS STILL
WAFTING through Jerusalem. Dozens of demonstrators were wounded and
dozens more were arrested.

 

(Credit: Moment)
Trying to gain some control, Netanyahu offered to restart negotiations
with the opposition over future judicial changes and to put the rest
of the government’s overhaul plan on hold until late November.

But it seemed that hardly anyone was listening, and that even fewer
believed him. I take National Security Minister Itamar Ben-Gvir at his
word when he says that “the reasonableness clause is just the tip of
the iceberg…the appetizer to build up the appetite.” I believe
that the coalition’s real goals are to put an end to Netanyahu’s
criminal proceedings, entrench the privileges of the ultra-Orthodox,
and turn our country into a Messianic theocracy.

Many of the protestors I encountered wore T-shirts with quotes from
the Book of Eicha, also known as the Book of Lamentations,
traditionally read on the 9th of the Hebrew month of Av, when the
Jewish people suffered the loss of two biblical Temples and Jewish
sovereignty. How telling—the 9th of Av will begin tomorrow
(Wednesday) night. And we are at risk again, perhaps not for
expulsion, but certainly for the loss of our dreams of a democratic
and Jewish Israel.

Josephus the historian tells us infighting among the Zealots resulted
in the burning of all of the food storehouses of Jerusalem, even as
the Romans threatened and ultimately vanquished the city. But this
time, we who believe in our country will not let the extremists burn
our social, political, economic and emotional storehouses. Imperfect
as the country is, we have no intention of mourning the democratic
third commonwealth next year at this time.

Trying to gain some control, Netanyahu offered to restart negotiations
with the opposition over future judicial changes and to put the rest
of the government’s overhaul plan on hold until late November.

But it seemed that hardly anyone was listening, and that even fewer
believed him. I take National Security Minister Itamar Ben-Gvir at his
word when he says that “the reasonableness clause is just the tip of
the iceberg…the appetizer to build up the appetite.” I believe
that the coalition’s real goals are to put an end to Netanyahu’s
criminal proceedings, entrench the privileges of the ultra-Orthodox,
and turn our country into a Messianic theocracy.

Many of the protestors I encountered wore T-shirts with quotes from
the Book of Eicha, also known as the Book of Lamentations,
traditionally read on the 9th of the Hebrew month of Av, when the
Jewish people suffered the loss of two biblical Temples and Jewish
sovereignty. How telling—the 9th of Av will begin tomorrow
(Wednesday) night. And we are at risk again, perhaps not for
expulsion, but certainly for the loss of our dreams of a democratic
and Jewish Israel.  

Josephus the historian tells us infighting among the Zealots resulted
in the burning of all of the food storehouses of Jerusalem, even as
the Romans threatened and ultimately vanquished the city. But this
time, we who believe in our country will not let the extremists burn
our social, political, economic and emotional storehouses. Imperfect
as the country is, we have no intention of mourning the democratic
third commonwealth next year at this time.
 

_[EETTA PRINCE-GIBSON
[[link removed]], who lives in
Jerusalem, was previously Editor-in-Chief of The Jerusalem Report, is
the Israel Editor for Moment Magazine and a regular contributor to
Haaretz, The Forward, PRI, and other Israeli and international
publications.]_

_Moment [[link removed]] is an independent magazine known for
its award winning journalism and online presence, cultural and
literary criticism, and innovative projects. It provides a unique lens
on the issues that trouble, concern, and inspire American Jews._

_Its reputation as a thought leader in the magazine world has earned
it major journalism awards, including the Religion News Association
Award for Excellence in Magazines. Moment has also been a finalist for
the Newhouse School of Journalism’s Mirror Awards and received a
first place award for “General Excellence in Websites” from the
American Jewish Press Association._

_Founded in 1975 by Nobel Peace Laureate Elie Wiesel and writer
Leonard Fein, it has been led by journalist Nadine Epstein since
2004._

* Israel
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* Israeli Supreme Court
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* Israeli politics
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* Israeli protests
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* Benjamin Netanyahu
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* Israeli Knesset
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* Knesset
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* Israeli political crisis
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* ultraorthodox Jews
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* Itamar Ben-Gvir
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* Israeli reservists
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* Palestinians
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