Attempted Judicial Reforms Spark Controversy in Israel

By Arielle Karni ‘26
A new judicial reform bill, one of the current Israeli government’s top legislative priorities, has sparked controversy, starting waves of protests throughout the country. 

The government, composed of Prime Minister Benjamin Netanyahu’s right-wing Likud party and five other right-wing religious parties, United Torah Judaism, Shas, Religious Zionist Party, Otzma Yehudit and Noam, is working to enact a judicial overhaul which would curtail the power of the judiciary by limiting the Supreme Court’s power for judicial review, giving the Knesset more centralized power. 
This change would also give the new government total authority over judicial nominations. Currently, a judicial committee made up of lawyers, members of the Knesset and cabinet ministers appoints judges, yet the coalition’s judicial reforms seek to give the majority coalition full control of this process. 
The reform package would also limit the authority of Israel’s legal advisors, give the Knesset the power to override Supreme Court rulings, eliminate the Supreme Court’s ability to apply its “reasonability test” to Knesset legislation and nominations and increase the authority of the Rabbinical Court, which centrist and leftist leaning parties and citizens do to not want to have such influence over secular affairs. 
These provisions would give much more authority to the Knesset, and thereby the coalition which has a majority in the Knesset. Such reforms would also drastically reduce, and in some circumstances, even eliminate the checks and balances system between the Knesset and judicial branch, allowing the Knesset (and transitively the new coalition) to entirely dominate the Israeli government. 
“Every democratic government must serve its citizens,” said freshman Ashton Weiss. “The judicial reform package seems to be too one-sided so there should be negotiation and compromise.” 
At present, some of Israel’s Basic Laws, which address the structure of government, equality, human dignity, basic freedoms and many other issues, can be passed or overruled by a simple majority of the Knesset. However, this legislative power is balanced out only by Israel’s independent judiciary body. 
     While the U.S. government contains three separate branches of government that check and balance each other, the Knesset is equivalent to the combination of the U.S. executive and legislative branches, since the Israeli prime minister is a member of the Knesset. Currently, Israel’s judiciary body is strictly independent from the Knesset which facilitates a balance of powers. However, this is subject to change if the coalition’s judicial reforms are passed.
In an interview with The Times of Israel, Prime Minister Netanyahu said, “We will anchor in the Basic Laws fundamental rights and we will not injure [the rights] of women, LGBTQ+ communities, or the Ultra-Orthodox.” 
However, freshman Marley Fischer, an opponent to the coalition’s judicial overhaul package said, “it would give the government and Knesset almost unrestrained power and remove the checks on such power provided by the High Court of Justice.”
Since early 2023, hundreds of thousands throughout Israel have protested and marched every Thursday and Saturday night, with the largest protests being held in Jerusalem and Tel Aviv. Despite the enormous crowds which have caused highway and street closures, the protests have been peaceful, with people waving Israeli flags and often singing Israel’s national anthem of “Hatikvah.” The protesters are also not all supporters of the opposition, composed of Yesh Atid, the centrist/liberal party of outgoing prime minister Yair Lapid, National Unity, the centrist party of outgoing Defense Minister Benny Gantz and four more centrist and leftist parties. It is a very diverse group, even including many Likud supporters. 
“As long as the protests remain peaceful, I think they are a good way for people to voice their concerns about the proposed reforms,” said freshman Josh Berelowitz.
Daniel Pomerantz, Israeli-American journalist, TV speaker/commentator and CEO of news site RealityCheck, said that the demonstrations are “free, safe and incredibly patriotic. There is a legitimate need for certain judicial reforms but to preserve Israel’s democratic character, they must be carried out properly. Both sides focus on different concerns, but both sides are characterized by patriotism and a genuine disagreement on what is best for Israel.”
Right before Pesach started, in response to the protests, Netanyahu paused the Knesset’s push to pass the reforms and began talking about compromise. Negotiations are now taking place between the coalition’s Likud party and the opposition’s Yesh Atid and National Unity parties. 
Junior Mimi Lebeau said, “This goes to show that protests really do work. After months of peaceful demonstrations in the streets, it must be so rewarding for the protesters to see that their efforts really did provoke change.”
“While we do not yet know what the future holds, one thing is certain: even in this, one of its moments of greatest turmoil, Israel remains a free and peaceful democracy, passionately beloved by its people and a ‘light into the nations,” said Pomerantz.