Since January of 2023, Israel has been convulsed in demonstrations because of a proposed Netanyahu government reform that would impact the judicial system in Israel and alter the checks and balances between its legislative and judicial branches of government. If successful, the proposed change would limit the judiciary’s influence over lawmaking and public policy and would allow the Israeli legislature, the Knesset, to override Supreme Court rulings. Specifically, it would allow the Knesset to overrule Supreme Court judicial review decisions on the legality of legislation, if supported by a majority of the legislature. The opponents of the policy see it as an executive and legislative attempt to subvert Israeli democracy.
Israeli Prime Minister Benjamin Netanyahu initially supported the proposed reform because his government believes more balance is needed between elected government officials and the judiciary. In proposing the reform, the Netanyahu government believes that the Israeli judiciary, members of which are not publicly elected, holds too much power when compared to other democratic governments.
There has been extreme opposition to the proposed reform, from both within Israel, as well as from outsiders. Gigantic and volatile street demonstrations dot the Israeli landscape. Opponents of the reform believe it significantly undermines the country’s democracy by weakening the judicial system. As a result of the proposal, large weekly protests have been held. The size and scope of the protests have recently increased, with hundreds of thousands of people packing the streets of Israel’s major cities. Members of the Israeli military have threatened not to serve in support of the protests. A general strike impacting multiple industries across Israel’s working class was called after the Prime Minister fired his Defense Minister following his request for Netanyahu to abandon the reform. As a result, not only have protesters called for the removal of the reform proposal, but they have also called for the resignation of Prime Minister Netanyahu.
US Ambassador to Israel Tom Nides believes Israel should slow down on implementing the judicial overhaul until a broader agreement can be reached across the Israeli government. Nides was recently quoted as saying: “We’re telling the prime minister ‘pump the brakes’, slow down, try to get a consensus, bring the parties together.” He was careful to reiterate that the United States will not dictate how the dispute should be settled. Israel seemed to be on the brink of an internal rupture.
After widespread unrest, Prime Minister Netanyahu agreed to delay the plan to overhaul the judiciary until the next parliamentary session. He is hoping that a consensus can be reached that would allow the government to move forward. The postponement of the reform has been widely applauded throughout Israel.
Limiting the ability of one branch of government to perform its function threatens the integrity of a democracy. The Israeli government was potentially on the brink of calamity if not for a last-minute reprieve. The proposed reform to overhaul the Israeli judiciary has resulted in the largest popular opposition in the history of Israel. While the proposed reform has been paused, protests continue amidst ongoing negotiations. Unfortunately, this conflict will not end until an agreement is reached. At Fieldston, the ideas and values of the students are critical to the functioning of our institution. The culture of our school is largely influenced by what the students want and believe in, so what would happen if a group of teachers or administrators disagreed with the students’ opinions and overrode the beliefs of the majority of the students? It is a similar situation in Israel and we are fortunate this overhaul is not occurring in smaller communities like Fieldston.
Democracies are fragile, and changes require thoughtful, insight and agreement from multiple stakeholders and constituents. This is true in governments as well as in smaller environments with multiple stakeholders. Unfortunately, the conflict in Israel will not end until an agreement is reached.
