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HomeRead, Watch, ListenIsrael
FeatureIsrael

President steps in with compromise plan, warning Israel is ‘on brink of collapse’

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Published: 14 February 2023

Last updated: 5 March 2024

Government presses on despite general strike, mass protests, US concern, and unprecedented intervention by a worried Head of State.

Israel’s constitutional and social crisis has reached fever pitch over the past two days with an unprecedented general strike and the intervention of the usually apolitical President.

In a surprise address on Sunday night, President Isaac Herzog expressed his concern about deep rifts in Israeli society caused by the government’s plan to overhaul the judiciary and presented a compromise plan for Israel’s balance of powers.

Only one in four Israelis supports the government’s plan to go ahead with judicial override, according to a survey aired this week.

Justice Minister Yariv Levin rejected Herzog's call for a delay and the Committe charged with implementing the controversial laws went ahead with dramatic argument on Monday.

"I feel – we all feel – that we are moments from a crash, perhaps even a violent one"

President Isaac Herzog

Prime Minister Benjamin Netanyahu is technically barred from commenting, because his current case for corruption creates a conflict of interest - although he violated his conflict-of-interest agreement by meeting with Levin on the subject on Sunday night.

More than 80,000 people joined the protests against the government's planned judicial overhaul outside the Knesset in Jerusalem on Monday as Israel came to a halt with a general strike.

US President Joe Biden also weighed in publicly for the first time Saturday on the plan by Prime Minister Benjamin Netanyahu’s government to dramatically weaken Israel’s judiciary.

In a statement to The New York Times, Biden said, “The genius of American democracy and Israeli democracy is that they are both built on strong institutions, on checks and balances, on an independent judiciary."

In his speech, President Herzog expressed his deep concerns about the proposals, which would place more power in the hands of politicians and hamper judicial independence.

"The reform is the creation of a camp that feels that the powers [of the branches of government] are unbalanced. There are a million citizens here who view the reform as a substantial threat to Israeli democracy."

The President urged the coalition not to bring the legislation for the judicial overhaul to a vote. "I feel – we all feel – that we are moments from a crash, perhaps even a violent one," he said. "Both sides must understand that if only one side wins – no matter which side it is – we will all lose. The State of Israel will lose."

He presented a proposal for a compromise, including passing basic laws through four separate Knesset voting sessions, not allowing the Supreme Court to overturn such laws, changing the committee that chooses the justices to reflect the balance of powers, giving the Knesset the ability to overrule legal review and achieving a broad consensus regarding the use of the reasonableness standard.

Within hours, Justice Minister Yariv Levin rejected Herzog's request for a delay and on Monday the Knesset Constitution, Law and Justice Committee debated the two controversial bills.

Dramatic scenes in the Knesset on Monday (Emil Salman)
Dramatic scenes in the Knesset on Monday (Emil Salman)

The committee errupted with emotional shouting matches, singing and dramatic exits on Monday as coalition and opposition lawmakers sparred over two integral bills from the government's plan to neuter Israel's judicial system.

The first of the approved bills, written by committee chairman Simcha Rothman, stops the Supreme Court from blocking amendments to the country's semi-constitutional basic laws – effectively wiping out the court's power of judicial review on core issues.

The second bill altered the composition of the panel selecting judges, shifting the balance in favor of the government.

Opposition leader Yair Lapid responded to Herzog’s address, by calling it "a proper framework." Lapid said that the plan should be followed and the legislation should be stopped immediately before a first vote as a condition for all negotiations

Herzog’s call follows concern from Israeli and international economists about the damage judicial override could do to the economy, deep concern from jurists, and even criticism from Israel advocates including Alan Dershowitz and Abe Foxman.

Internationally bestselling writer Yuval Noah Harari this week renewed his criticism, writing “Democracy’s under threat, in Israel & other countries. In a democracy, the winner shouldn’t take it all. If they do, it’s no longer a democracy.

“The most precious aspect of liberal democracy isn’t majority rule, but limiting the power of the ruler in order to protect citizen rights.”

But perhaps the strongest criticism came from controversial Holocaust historian Daniel Blatman, who compared the changing face of Israel to Germany in the 1930s.

“There won’t be brown-shirted soldiers in the streets. But one thing we do see here is a regime that is starting to execute a speedy judicial, political, moral revolution – like in Germany.

“As a historian whose field is the Holocaust and Nazism, it’s hard for me to say this, but there are neo-Nazi ministers in the government today. You don’t see that anywhere else – not in Hungary, not in Poland – ministers who, ideologically, are pure racists,” he said.

Israeli and international protests continue, including a small protests last Sunday in Sydney.

The Jewish Independent

READ MORE
In rare intervention, Israel’s president cites 'deep fear' for democracy, calls to halt Netanyahu’s legislative blitz (Haaretz)

Despite Israeli President's Plea, Justice Minister Says Won't Delay Judicial Overhaul Vote (Haaretz)

Only 1 in 4 Israelis want government to forge ahead with judicial overhaul — poll (Times of Israel)
Survey aired on Channel 12 shows 62% prefers leaders stop or delay plans amid intense public pushback, including 42% of voters for Netanyahu bloc

Disobeying AG's Orders, Netanyahu Meets Levin to Discuss Judicial Overhaul (Haaretz)

Biden, in first direct comment on judicial overhaul, urges ‘consensus building’ (Times of Israel)

Israeli Panel Greenlights Key Judicial Overhaul Bills in Rowdy Session (Haaretz)

‘Israel’s Government has neo-Nazi ministers. It really does recall Germany in 1933’ (Haaretz)

Yuval Noah Harari: Israel’s democracy ‘under threat’ from judicial overhaul (Times of Israel)

Biden weighs in on Israel’s proposed judiciary changes: ‘Genius’ of democracy includes ‘independent judiciary’ (JTA)

ANALYSIS

Why Israel’s proposed judicial override is so dangerous (Jeremie Bracka, The Jewish Independent)

RELATED STORIES
They moved from Hungary to Israel. Now they identify the same warning signs (Haaretz)
The writers and editors of Izraelinfo, a Hungarian-language Israeli news site, watched one of their countries slowly creep away from democracy. Seeing the same signs crop up in Israel, they warn: 'Speak out as long as you still can.'

The man fuelling religious turnout at the Tel Aviv democracy protests (Haaretz)
Hagai Stadler is no left-winger, but ‘when people start feeling alienated in their own country,’ he says, ‘that can seriously undermine our strength as a nation’

Letter to the Minister of Hasbara (Times of Israel)
As a former Israeli diplomat with years of experience promoting Israel’s image in international public opinion, I would like to offer you my insights on your role and the subject matter with which you have been entrusted.

Photo: A protest against the Israeli government's planned judicial overhaul, in Tel Aviv last month (Tsafrir Abayov /AP)

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