Stay up to date with notifications from The Independent

Notifications can be managed in browser preferences.

Why are there protests in Israel? Netanyahu’s controversial reforms explained

Benjamin Netanyahu’s plans to overhaul judicial system have attracted months of demonstrations

Joe Sommerlad
Tuesday 25 July 2023 08:06 EDT
Comments
Israeli police fire water cannons at protesters after controversial judicial bill passes

Your support helps us to tell the story

From reproductive rights to climate change to Big Tech, The Independent is on the ground when the story is developing. Whether it's investigating the financials of Elon Musk's pro-Trump PAC or producing our latest documentary, 'The A Word', which shines a light on the American women fighting for reproductive rights, we know how important it is to parse out the facts from the messaging.

At such a critical moment in US history, we need reporters on the ground. Your donation allows us to keep sending journalists to speak to both sides of the story.

The Independent is trusted by Americans across the entire political spectrum. And unlike many other quality news outlets, we choose not to lock Americans out of our reporting and analysis with paywalls. We believe quality journalism should be available to everyone, paid for by those who can afford it.

Your support makes all the difference.

For seven straight months, tens of thousands of people have taken to the streets of Israel in the most sustained and intense demonstrations the country has ever seen.

The protesters are part of a grassroots movement that rose out of opposition to a contentious judicial overhaul spearheaded by Prime Minister Benjamin Netanyahu

On Monday, the first piece of that legislative package passed: Israel’s parliament approved a measure that prevents judges from striking down government decisions on the basis that they are "unreasonable."

Here's a look at what the judicial reforms are — and why they have drawn the such intense protests:

What will the reforms do?

The proposals include a bill that would allow a simple majority in parliament to overturn Supreme Court decisions. Another would give parliament the final say in selecting judges.

Mr Netanyahu's ultranationalist and ultra-Orthodox religious allies say the package is meant to restore power to elected officials — and reduce the powers of unelected judges.

Protesters, who make up a wide cross section of Israeli society, fear the overhaul will push Israel toward autocracy. They say it is a power grab fueled by various personal and political grievances by Netanyahu, who is on trial for corruption charges (he denies all charges), and his allies.

Proponents say the current "reasonability" standard gives judges excessive powers over decision making by elected officials. But critics say that removing the standard, which is invoked only in rare cases, would allow the government to pass arbitrary decisions, make improper appointments or firings and open the door to corruption.

Israelis protest against Prime Minister Benjamin Netanyahu's judicial overhaul plan outside the country’s parliament
Israelis protest against Prime Minister Benjamin Netanyahu's judicial overhaul plan outside the country’s parliament (AP)

Protesters say Mr Netanyahu and his allies want to change the law so they can appoint allies to government posts — and particularly so that they can fire the country's independent attorney general, according to Amir Fuchs, a senior researcher at the Israel Democracy Institute, a Jerusalem think tank.

The measures "make it more difficult to conduct oversight" over arbitrary decisions of elected officials, said Yohanan Plesner, the institute's president. "This is one chapter of a broader plan and program of the government to weaken the checks and balances."

Mr Netanyahu has dismissed accusations that the plan would destroy Israel's democratic foundations as absurd. "This is an attempt to mislead you over something that has no basis in reality," he said.

Why have the protests been so large?

Mr Netanyahu’s government took office in December and almost immediately unveiled its plans to weaken Israel’s Supreme Court. The move split the country

Protests sprang up in major cities, business leaders balked at the plan and, perhaps most critically, military reservists in Israel's air force and other key units threatened to stop reporting for duty if it passed.

Benjamin Netanyahu at the Knesset
Benjamin Netanyahu at the Knesset (Ohad Zwigenberg/AP)

Protests have intensified as the coalition's efforts to make the overhaul into law have moved forward. That has also led to counter demonstrations from pro-Netanyahu groups defending the reforms.

"A Black Day for Israeli Democracy," said an ad on the front of major newspapers placed by a group describing itself as worried hi-tech workers in the wake of the vote on Monday.

Protest leaders said growing numbers of military reservists would no longer report for duty. But opposition leader Yair Lapid has asked them to hold off on that threat for now.

The Israel Medical Association has ordered doctors to strike.

Why are protesters seeking to protect the judiciary?

The judiciary plays a large role in checking executive power in the country. Israel has minimal local governance and lacks a formal constitution. This means that most of the power is centralised in parliament, where Mr Netanyahu's coalition have a majority. The "basic laws" — foundational laws that experts describe as a sort of informal constitution — can be changed at any time by that majority.

With the overhaul, analysts say, the Israeli parliament now threatens to further consolidate its power by weakening the judiciary.

Israeli police use a water cannon to disperse demonstrators blocking a road during a protest
Israeli police use a water cannon to disperse demonstrators blocking a road during a protest (AP)

By weakening the judiciary, critics say, Israel's government — led by a male-dominated coalition containing members have advocated full annexation of the occupied West Bank, discriminating against LGBTQ+ people and Palestinian citizens of Israel, and limiting the rights of women — will be granted near-total control.

Wasn't the plan put on pause?

The initial protests earlier in the year prompted Mr Netanyahu to pause the overhaul in March and enter talks with opposition legislators. But talks broke down last month, and Mr Netanyahu announced in June the overhaul would move forward.

Protesters accuse Mr Netanyahu of changing tactics, but not his broader goals, by moving forward in a slower and more measured way in a bid to dull opposition.

"The government got smarter," said Josh Drill, a spokesman for the protest movement. "They saw the fallout of trying to ram the overhaul through, and they decided instead to do it piece by piece."

What happens now?

A civil society group announced it would challenge the new law in the Supreme Court.

The court could issue a "temporary writ" preventing the law from taking effect until it can conduct a proper review.

It is believed the government would likely honor any such order, but that is not guaranteed.

In the meantime, the protests that have rocked the country will likely grow in intensity.

Associated Press and Reuters contributed to this report

Join our commenting forum

Join thought-provoking conversations, follow other Independent readers and see their replies

Comments

Thank you for registering

Please refresh the page or navigate to another page on the site to be automatically logged inPlease refresh your browser to be logged in