What is Israel’s judicial overhaul and why is it dividing the country?

Protests expected to intensify after parliament passed key element of bill that weakens the Supreme Court's powers

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For seven months, tens of thousands of Israelis have taken to the streets in record numbers to protest against Prime Minister Benjamin Netanyahu's plans to overhaul the judiciary and weaken the Supreme Court.

Protests and strikes are expected to intensify after legislators on Monday passed a key element of the proposed changes, blocking the Supreme Court from overriding government decisions it rules unreasonable.

Cabinet ministers have vowed to leave “no stone unturned” in the legislation, which opponents said will erode democracy and pave the way for corruption and nepotism under a Prime Minister who is on trial on corruption charges.

What are the proposed changes and why are they so divisive?

The revision, proposed in January, calls for sweeping changes aimed at limiting the powers of the judiciary.

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 judge, while ministers would also no longer be legally required to follow guidance from their legal advisers, guided by Israel's attorney general.

Far-right ministers have already been rebuked at home and abroad for incendiary comments against Palestinians, commitment to settlement expansion and visits to the Al Aqsa compound, drawing ire from its Jordanian custodians.

The overhaul has come under fire from the US, and human rights groups have told The National the measures jeopardise Israel's long-standing hopes of signing a visa-waiver deal with Washington.

“This is not a moment where I think the administration should be extending special treatment to an Israeli government that's just gutted its own democracy,” said Hadar Susskind, president and chief executive of progressive Jewish-American group Americans for Peace Now.

Allies of Prime Minister Benjamin Netanyahu's say the package is meant to restore power to elected officials – and reduce the powers of unelected judges.

The long-time PM, who returned to power in November with the help of Ultra-Orthodox and right-wing allies has cobbled together the most conservative and divisive government in Israel's history.

What does it mean for Israel's future?

Given Israel's relatively weak system of checks and balances, the judiciary plays a large role in checking executive power.

That leaves the judiciary as “the only check on government power”, constitutional law professor Amichai Cohen told the Associated Press.

Israel also lacks a formal constitution and is governed by a set of Basic Laws that could now come under further government influence.

Israel's cabinet can now override such laws, which have never been overruled by the highest courts.

“The government can do whatever it wants, because it controls the ability to change even the basic laws,” Prof Cohen said.

It has made changes and added to the Basic Laws in recent years, including the 2018 Jewish Nation-State Law, which downgraded Arabic from an official language and ruled self determination in Israel an “exclusive” right of the Jewish people.

Critics of the law said it treats Israel's large Arab minority – a third of the population – as second-class citizens and eroded a democracy that may crumble further.

Updated: July 25, 2023, 10:52 AM