Democracy is more than just holding an election; it is also how the government can fulfil citizens’ rights and needs while maintaining the actualisation of checks and balances.
Israel’s new far-right government recently announced plans to pass a judicial reform bill that triggered mass protest and received condemnation from Israeli society. It claims to be the biggest Israel protest in a couple of years, with hundreds of thousands of protestor coming to the street.
Israel Prime Minister Netanyahu, currently accused of corruption, views the protest as a way to end democracy, as it prevents the public representatives from voting. Netanyahu added that the protestors contradict the values they are preserving as they also limit the rights of an elected representative to use their voice. Demonstration and the right to use voice are also part of democracy, and it goes hand in hand. Then, what makes the protest happen?
What are the amendments?
The Israeli government sets to vote on the amendment of Israel’s legal system, limiting the Supreme Court’s powers to rule against the legislature and the executive.
The bill must pass three readings to become law, and the controversial set of bills has passed its first reading with 63 to 47 support, which Prime Minister Benjamin Netanyahu’s coalition government has 64 out of 120 seats in the member chamber.
The amendment proposal gives the Israel parliament, or the Knesset (the unicameral legislature of Israel), the power to overturn the Supreme Court’s decisions and to pass the legislation without judicial obstruction. This may happen if it has a simple majority of 61 votes out of the 120-seat Knesset. These powers are critical to threaten the distribution of power in democratic values, which expectedly will receive protests from the citizens.
Opinion polls show a majority want the reforms, but it then slowed to allow for dialogue with critics or shelved altogether. The proposal would become a threat to check and balance as the element of democracy as it undermines the Supreme Court’s authority to review the legality of Israel’s Basic Law, which functions as the country’s constitution. The amendment can also change how the Supreme Court justices are selected, giving politicians decisive powers in appointing judges.
Some accuse Netanyahu’s nationalist allies’ plan to weaken the Supreme Court to establish more settlements on land the Palestinians seek for a state. The illegal settlements under international law are considered illegal under international laws.
Not only the citizen protesting, but the opposition lawmakers also disagreed and were thrown out of the meeting room at the first reading. “You will burn up the country,” Idan Roll of the centrist Yesh Atid party, before being ushered out.
Many criticise the proposed amendments for destroying Israel’s system of democratic checks and balances by weakening the court, empowering the executive’s authority, and endangering civil liberties and human rights. Even Israeli President Isaac Herzog appeared and warned that Israel was ‘on the verge of legal and social collapse”. He requested not to introduce the bill for its first reading.
A democratic or fascist country?
Democracy is built on legitimacy between the public and the government, and when the government seems to fail to fulfil the fundamental rights and needs of the people, they tend to take the street. Noting that the protest in Israel is happening in a big wave, it reflects some significant opposition from the public to the proposed amendment.
As a democratic country, Israel should remain favourable to civil liberties safeguards. Although this is not the first time the people want Netanyahu to step down, the spillover effect and the tip points of people’s concern may challenge the government’s stability and support.
What happened in Israel also reflects a significant challenge for domestic law amendments and social cohesion. Misuse of power could harm the country’s political stability and may result in destructive social cohesion. One thing that is undoubtedly needed is to lessen the tension in the country. Dialogue between the public, government and other political parties are required to bridge communication and build a shared understanding of what the people want and need.
