Israel’s Netanyahu plans to give politicians majority on Supreme Court

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Israel’s Netanyahu plans to give politicians majority on Supreme Court

Plans by Israeli Prime Minister Benjamin Netanyahu are to allow a simple majority of 61 in the 120- seat Knesset to override all supreme court rulings and allow politicians to appoint most of the justices to the bench.

The changes are not spearheaded by the prime minister, but by his Likud colleague Yariv Levin, the justice minister, and by the Religious Zionist MK Simcha Rothman, who chairs the Knesset's law and justice committee.

Both men have a longstanding hatred of Israel's supreme court, which they regard as too powerful and biased against the settler movement, Israel's ultra-religious community and the Mizrahi population, Jewish people of Middle Eastern origin. Many Israelis have never forgiven the court for its decision to withdraw from the Gaza Strip in 2005.

It is not lost on anyone that the measures could help Netanyahu evade prosecution in his corruption trial. He denies all charges.

Netanyahu's trial triggered four years of political crisis in which Israel was divided over whether he was fit to lead the country. After five elections since 2019, in which politicians on both sides failed to form stable governments a bloc of rightwing and religious parties headed by Netanyahu s Likud won a clear majority in elections last November and went on to form the most rightwing administration in Israeli history.

A full annexation of the occupied West Bank, a rollback of pro-LGBTQ legislation, axing laws protecting women and minority rights and a loosening of the rules of engagement for Israeli police and soldiers are all on the agenda of the coalition.

What do critics of the measures say?

Israel's supreme court plays an outsized checks- and- balances role as the country does not have a formal constitution or second legislative chamber.

The protests in Israel over the proposal have resulted in an erosion of democratic norms and the rule of law, with hundreds of thousands of people taking to the streets in different cities, demonstrations outside the Knesset in Jerusalem, and several days of disruption in which protesters have blocked highways and Tel Aviv airport. A number of the protests have turned violent.

Military reservists and Israel's vitally important tech sector are a major source of pressure on the movement, but significant and unexpected pressure is coming from largely leaderless. Many of Israel's allies have expressed alarm over the direction in which the country is heading.

Attempts at compromise brokered by the president, Isaac Herzog, have been shot down by the government as not workable. Israeli media reported that Netanyahu would be willing to cut a deal, but the prime minister appears to be a hostage to his far-right partners, who could bring down the government if their demands are not met. Netanyahu could try to form a coalition with opposition parties, but most people are wary of trusting him.

If the judiciary goes ahead in their current form, Israel is likely to face an unprecedented constitutional crisis in which the supreme court could strike down all or parts of the legislation designed to curb its powers, and the government could choose not to comply. Herzog has warned of civil war in public.

The prospect of a bolder and more hostile Israeli government has added to the fears of a return to full-blown conflict, while Iran and other enemies are closely following what they see as internal weakness.

The coalition is trying to pass legislation before the Passover holiday starts on April 2 as a result of committee hearings and votes in the Knesset plenum.