[ In an attempt to salvage Israels Jewish state rule, Israeli
president Isaac Herzog presented an alternative to the Netanyahu
governments planned judicial overhaul, which Netanyahu rejected
outright.]
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NETANYAHU SLAMS DOOR ON COMPROMISE, ENSURING PROTESTS WILL ESCALATE
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Jonathan Lis
March 15, 2023
Haaretz
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_ In an attempt to salvage Israel's Jewish state rule, Israeli
president Isaac Herzog presented an alternative to the Netanyahu
government's planned judicial overhaul, which Netanyahu rejected
outright. _
Israel's President Isaac Herzog, on Wednesday, March 15., Credit:
Israel Government Press Office
Israeli President Isaac Herzog presented on Wednesday evening his
compromise proposal as an alternative to the Netanyahu government's
planned judicial overhaul, which the prime minister denounced as
perpetuating the current situation.
>> TRACKING NETANYAHU'S JUDICIAL COUP: WHERE THE ISRAELI GOVERNMENT'S
ANTI-DEMOCRATIC LEGISLATION STANDS
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According to Herzog's plan, the 'reasonableness' standard
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which allows the High Court to override government decisions it deems
'unreasonable' will not be applicable to government decisions and
ministerial appointments; the Supreme Court will not intervene into
matters of Basic Laws; intervention into matters of regular laws will
require an expanded forum of 11 judges and a two-thirds majority.
The plan also proposes a Judicial Appointments Committee
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would be comprised of 11 members including three Supreme Court
justices (among them the court's president); three cabinet ministers;
three Knesset members – a coalition member and two opposition
members; and two representatives of the public. The plan also calls
for a supermajority of seven members to appoint Supreme Court
justices. This means that the coalition would have a majority on the
committee but would have to secure other support on the committee to
obtain approval of its candidates for the Supreme Court.
Herzog said in his speech that "broad consensus is the right thing at
this moment. Israeli democracy is the soul of our nation, and we must
protect it at all costs." The president warned that "Whoever thinks
real civil war, including bloodshed, is out of reach - has no idea.
The abyss is within reach. A civil war is the red line. I will not let
that happen."
Herzog stressed in his speech that structural changes are necessary
and "in the best interest of the country," but that "a fundamental
change in the relationship between government authorities must be done
logically."
>> NETANYAHU'S JUDICIAL COUP FOR DUMMIES
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The proposal, Herzog said, is intended to serve as a basis for an
eventual alternative to the current judicial overhaul legislation, and
that it paves the way for in depth debate on the issue.
"The proposal addresses the important need to diversify the judicial
system," so that, according to Herzog, "the various voices of the
people of Israel will be part of it."
Herzog added that his proposal "cements a fair and balanced
relationship between the branches and is fully committed to the
principles of the Declaration of Independence."
The coalition rejected Herzog's plan, with Prime Minister Benjamin
Netanyahu denouncing the proposal, saying "key clauses in it only
perpetuate the current situation. That is the unfortunate truth."
Government secretary Yossi Fuchs saying "The president's outline is
unilateral," and that it has not been agreed upon "in any way by any
party in the coalition."
Education Minister Yoav Kisch – speaking for the Likud party –
said that parts of it "do not offer the minimal balance needed between
the branches."
Opposition leader Yair Lapid said in a statement that he praises the
president for his proposal and that we must approach it with "respect
and seriousness," and that the "coalition's response to the proposal
shows "contempt for the office of the president and complete
irreverence for the gravity of the situation."
Head of the National Unity Party Benny Gantz also praised the proposal
and the "effort he devotes to the unity of Israel," saying he accepts
it as "a basis for legislation in place of the existing dangerous
legislative proposal." Gantz called on Netanyahu and his government to
"behave responsibly at this time and to adopt and promote the proposal
immediately."
The American Jewish Committee
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a statement commending Herzog for his "remarkable effort to reach a
resolution for the good of the Israeli people."
Leaders of the high-tech protest said in response to the proposal that
"Even the president with all of his force and will cannot bring upon
an agreement." They added that "although his proposal is worthy of
consideration, the government continues in its race to dictatorship,"
and concluded by calling on Israelis to protest in Thursday's
demonstrations.
Israel's Movement for Quality Government said that the proposal is a
"serious base for debate on the judicial reforms and demands a full
stop to the ongoing legislation." They acknowledged that the proposal
is lacking in certain areas and that it's imperative to prevent any
future ability of the Knesset to override the Supreme Court.
A Likud official told Haaretz ahead of Herzog's statement that there
are still significant gaps until a compromise can be reached, mainly
regarding the method of judicial appointments and the required
majority to override the court. "Herzog is willing to validate many
things, fearing that the compromise will collapse," the official said.
This is the second time that Herzog presented an alternative proposal
to the government's judicial overhaul legislation. In his first
proposal last month,
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president suggested a change to the composition of the Judicial
Appointments Committee, that four readings be required to pass a Basic
Law, and that the process of judicial review on such laws be
abolished.
On Tuesday, Herzog spoke with his German counterpart Frank-Walter
Steinmeier about his efforts to formulate an alternative proposal to
the government's plan to weaken Israel's judiciary. The conversation
between the two presidents was scheduled in advance on the 80th
anniversary of the Warsaw Ghetto uprising.
Last week, the president said he is willing to pay "any price" to
resolve the growing tension surrounding the government's plans
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describing it as "a national nightmare."
* Israel
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* Benjamin Netanyahu
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