Torn between protests and judicial reforms, Israel seeks a way forward Premium

After judicial reforms were brought in by Israel Prime Minister Benjamin Netanyahu and his nationalist coalition government, protests have erupted from those who believe the Supreme Court is the last line of defence for civil liberties, decry the ‘end of democracy’ and ‘dictatorship’, while right-wing leaders say they are trying to restore democracy.

On July 24, Knesset legislators approved the first Bill in a package of upcoming judicial reforms, nullifying the ‘reasonability’ clause in a 64-0 vote, after the 56 members of the Opposition boycotted the vote. Leading up to the vote, protests reached a boiling point outside the Knesset, as protest leaders declared that they had blocked all entrances to the Parliament compound and wouldn’t allow the vote, a claim immediately denied by the Israel Police.

The reasonability clause was legal terminology introduced in its current form to the Israeli Supreme Court by Justice Aharon Barak to strike down administrative decisions deemed beyond the pale in terms of reasonable judgement, even if they did not contradict any written letter of law. A parallel legal clause exists in England and Singapore.

Also read: Explained | Why has Israel paused the judicial reform plan? 

Critics deemed this an aggravated judicial overreach, as judges could thus declare Ministers incapable of decision-making. Two noted critics, Justice Noam Solberg and Justice Alex Stein, currently sit on the Supreme Court. Most of the legal establishment uncompromisingly rejects the legal reform proposals in their current form.

After voting, Minister of Finance Bezalel Smotrich issued a statement denouncing the protesters: “This was a violent siege on the Knesset, an attempt to prevent Members of Knesset (MK) from fulfilling their legal right and duty to vote. This was not an expression of democracy; it was our moment of storming Capitol Hill… The Left is not democratic for a long time now, and the Right is attempting to restore democracy to Israel.”

After the Bill passed, more angry protesters took to the streets, blocking causeways in Tel Aviv and central junctions countrywide.

In Kfar Saba, an angry driver accelerated and ploughed through a group of protesters that was blocking his route, injuring three. In another viral video, a young mother shouted at protesters blocking her car. Moments later, they had shattered her back windshield over her three little children in the backseat.