Protestors in Jerusalem (Amir Levy/Getty Images)

When the newly appointed Justice Minister of the Netanyahu government, Yariv Levin, presented his strategy for âlegal reformâ six days after taking office, he looked unstoppable. The plan had been well-prepared, even years in the making.
Its first tranche alone would, among other things, prevent the Supreme Court from disqualifying laws it deemed unconstitutional, replace the legal counsels of government ministries with political hires loyal to their ministers, and give the coalition control over the appointments of future judges. In other words, in the absence of a written constitution and upper house of parliament, Israel would be left without any effective checks and balances on the governmentâs power. And this was just the first tranche.
From the start, Levin had the full backing of newly-elected Prime Minister Binyamin Netanyahu, who having spent 18 months in unaccustomed opposition, and facing a corruption case of his own, was back in power with a vengeance. No less important, the four parties of the new coalition, hard-Right and ultra-religious, shared Levinâs animosity towards the independent Supreme Court they viewed as a âprogressive judicial dictatorshipâ. While they had a small but stable majority in the Knesset, the opposition was badly divided and wouldnât put up much of a fight. Levin predicted he would pass the legislation by the end of the winter session.
Three months later, none of that has passed. The Knesset is about to go into its Passover recess and just one law out of Levinâs programme has emerged from the law committee, controlled by another staunch opponent of the Supreme Court. The Judicial Appointments Law is ready for its final readings, but it has been âsuspendedâ.
On Monday night, Netanyahu announced a âpauseâ in the legislation, claiming that he was ânot prepared to tear the nationâ. He took his time, waiting almost until the last moment. But his reluctance is unsurprising: Netanyahu had just spent his first three months in office focusing nearly all his efforts on a policy that is unlikely to be passed into law any time soon. It was blocked by a protest movement that sprung up, nearly from nothing, and launched a campaign, revolutionary in nature but totally bloodless, that stopped his government in its tracks.
The first weekend of protests was not promising. They were organised on a Saturday night in Tel Aviv by a disparate group of Left-wing movements who focused on solidarity with the Palestinians, the first obvious victims of the nationalist government, and anti-corruption organisations who had led the protests against Netanyahu during his previous term. They couldnât agree on a joint platform and the protests ended up splitting.
âIt was clear that we couldnât let either group lead the movement,â says one of the members of what became a coordinating committee of over 50 protest organisations. âThere was no way that ordinary Israelis would join a rally where they were waving Palestinian flags, and the anti-corruption types are also seen by many as being obsessive cranks, with good reason.â A new set of organisers, military veterans and business leaders, took over.
âWe realised that it wouldnât be a good idea to start trying to take anyoneâs flags away so the best answer was simply to flood the area with Israeli flags,â says Dan Halutz, a former chief of staff of the Israeli army. âWe set up a flag factory overnight, and began bringing thousands of flags to every rally.â
âWe got the message, though we didnât like it,â says one veteran Left-wing organiser. âWe sacrificed our own agenda so the middle-class would come.â Their compromise was to stand at one side of the rallies in âa bloc against occupationâ, with signs, but no flags. The next weekend, 60,000 people turned up in Tel Aviv, despite the pouring rain, while other smaller rallies were held in cities across Israel. The numbers continued to grow.
But bringing people out onto the streets was only part of the campaign. The real pressure came not from the numbers but the way specific Israeli communities became political players. The first crucial addition to the protests was the tech sector â from the CEOs and investors who threatened to move operations abroad to the thousands of employees who not only went on marches, but built online networks and apps for coordinating impromptu protests outside the homes and events of cabinet ministers.
âIâve been trying to get support from the tech people for years,â said a veteran Israeli activist. âThey just werenât into politics. Now, I have CEOs coming to me and donating money and resources for whatever we need, because they say they wonât be able to keep their businesses here if we fail.â
The next crucial group to mobilise for the protest were the reservists. Thousands of officers and pilots and intelligence analysts, who are on constant call for their military units, and are often their backbone, signed petitions stating that they would refuse âto serve a dictatorshipâ. This particular protest not only confirmed the âpatrioticâ nature of the movement, but rattled the security chiefs, who in turn warned Netanyahu of the implications. At this point, around a month ago, Netanyahu wavered, but Levin and other coalition leaders threatened to resign, and he refused to fold.
In the end, it was Defence Minister Yoav Gallant who broke ranks, saying that he wouldnât vote for laws that were causing a risk to Israelâs national security. Netanyahu summarily fired him on Sunday night, immediately triggering a furious wave of more protests that very night, as well as a general strike, agreed upon by both the trade unions and employers, the next morning. By evening, he capitulated.
In theory, Netanyahu can still bring the Judicial Appointments Law, and the rest of the legislation, to vote in the next Knesset next month. But he is unlikely to want to risk bringing Israel back to the brink of chaos, risking its economy, security and international standing, just to fail once again. The protest movement doesnât trust him and has no intention of disbanding while he remains in power.
It is a startling reversal of fortune which leaves Netanyahuâs party, Likud, plummeting in the polls, his image as a political winner tarnished, and his authority over his government greatly diminished. He has promised his coalition that this is just a temporary, tactical retreat, and that they will regroup to pass an essentially similar reform when the Knesset begins its summer session. He has also promised the Israeli people that he will hold a âtrue dialogueâ with the opposition to reach âbroad agreementâ on the future constitutional changes. He canât achieve both.
If he fails to bring the Supreme Court under government control, he will almost certainly lose his majority as key elements of the coalition rebel. If the reform isnât acceptable to the opposition, the protests will resume, invigorated by their success in facing him down the first time around. Whatever happens, he has manoeuvred himself into a position where he has no good options.
Worst of all for Netanyahu, he has left some of his most faithful followers wondering whether, at 73, he has finally lost his touch, his uncanny feel for the Israeli publicâs pulse. According to one poll this week, 53% of those who voted Likud in the last election said he was doing a bad job as prime minister.
Today, his only course of action is to play for time: to try and string out the constitutional negotiations being held under the auspices of President Isaac Herzog in the hope that his coalition partners eventually tire of the issue and other events divert their attention. Meanwhile, he will try to buy them off with vague promises, such as the one he gave far-Right National Security Minister Itamar Ben-Gvir â that he could form in his ministry a new ânational guardâ, effectively his own private militia.
But even this canât mask the truth: Netanyahu is now weaker than he has ever been over the course of the 15 years he has served as prime minister. A prisoner, in office, of his radical coalition, beaten by a protest movement which has yet to say the final word.
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SubscribeThe fact that the court can appoint its own members suggests that there is no check on it…
Youâre missing the point, and youâre also wrong.
The real checks are the inherent / deliberate tensions between a legislature, an executive and the judiciary.
Judges in Israel are not appointed by the Court, but are appointed by a Judicial Selection Committee. Similar to what happens in the UK. Obviously, such a cttee is full of lawyers, as youâd expect, as they are best placed to opine on ability. You would not, for instance, entrust a non-engineer to appoint an engineer.
You need to read, or re-read, AV Diceyâs book The Law of the Constitution.
You don’t appear to know enough about the subject to offer opinions on it.
Does the UK Judicial Selection Committee have sitting Supreme Court judges as members, with sufficient votes to block candidates they don’t want?
Well done Frank!
Does the UK Judicial Selection Committee have sitting Supreme Court judges as members, with sufficient votes to block candidates they don’t want?
Well done Frank!
Youâre missing the point, and youâre also wrong.
The real checks are the inherent / deliberate tensions between a legislature, an executive and the judiciary.
Judges in Israel are not appointed by the Court, but are appointed by a Judicial Selection Committee. Similar to what happens in the UK. Obviously, such a cttee is full of lawyers, as youâd expect, as they are best placed to opine on ability. You would not, for instance, entrust a non-engineer to appoint an engineer.
You need to read, or re-read, AV Diceyâs book The Law of the Constitution.
You don’t appear to know enough about the subject to offer opinions on it.
The fact that the court can appoint its own members suggests that there is no check on it…
This is a one-sided opinion piece of what’s really happening in Israel. Way better and deeper explanations here:
“Is Israel on the Brink of Civil War?” David Woo interviewing Gadi Taub: wwwDOTyoutubeDOTcom/watch?v=PVmwI5QVGDQ&ab_channel=DavidWooUnbound
Discussion between Gadi Taub and Peter Berkowitz: wwwDOTmosaicmagazineDOTcom/observation/israel-zionism/2023/03/podcast-peter-berkowitz-and-gadi-taub-on-the-deeper-causes-of-israels-conflict/
Long and indepth exchange pro and contra judicial reform between Evelyn Gordon and Netta Barak Cohen: wwwDOTmosaicmagazineDOTcom/response/israel-zionism/2023/03/the-need-for-judicial-reform-isnt-going-away/
“Protest Porn”by Liel Leibowitz: wwwDOTtabletmagDOTcom/sections/israel-middle-east/articles/protest-porn
“A resistance coup just defeated Israeli democracy” by Jonathan Tobin: wwwDOTjnsDOTorg/opinion/a-resistance-coup-just-defeated-israeli-democracy/
This is a one-sided opinion piece of what’s really happening in Israel. Way better and deeper explanations here:
“Is Israel on the Brink of Civil War?” David Woo interviewing Gadi Taub: wwwDOTyoutubeDOTcom/watch?v=PVmwI5QVGDQ&ab_channel=DavidWooUnbound
Discussion between Gadi Taub and Peter Berkowitz: wwwDOTmosaicmagazineDOTcom/observation/israel-zionism/2023/03/podcast-peter-berkowitz-and-gadi-taub-on-the-deeper-causes-of-israels-conflict/
Long and indepth exchange pro and contra judicial reform between Evelyn Gordon and Netta Barak Cohen: wwwDOTmosaicmagazineDOTcom/response/israel-zionism/2023/03/the-need-for-judicial-reform-isnt-going-away/
“Protest Porn”by Liel Leibowitz: wwwDOTtabletmagDOTcom/sections/israel-middle-east/articles/protest-porn
“A resistance coup just defeated Israeli democracy” by Jonathan Tobin: wwwDOTjnsDOTorg/opinion/a-resistance-coup-just-defeated-israeli-democracy/
Israel mobilised to stop Netanyahu?
Uhmm….. didn’t Israel only just *elect* Netanyahu?
Israel mobilised to stop Netanyahu?
Uhmm….. didn’t Israel only just *elect* Netanyahu?
This author has gotten the pulse of Israel exactly wrong. I read on for the laughs.
Please elaborate
Judging by the size of the protests, and the fact the crook in charge has backed down on his reforms it looks pretty accurate to me, unless you have information that Iâm not aware of?
Narrator: He wasnât actually laughing.
Please elaborate
Judging by the size of the protests, and the fact the crook in charge has backed down on his reforms it looks pretty accurate to me, unless you have information that Iâm not aware of?
Narrator: He wasnât actually laughing.
This author has gotten the pulse of Israel exactly wrong. I read on for the laughs.
The author is spot on. Exactly what is happening, I speak daily with all my friends overthere.
The author is spot on. Exactly what is happening, I speak daily with all my friends overthere.
I donât know that Net is so weakened here in the long run. This was just a bad law, and the entire country reacted appropriately. His other policies havenât suddenly lost their luster. I actually think this episode shows that Israel is still alive and well and functioning. This is how democracy is supposed to work.
I donât know that Net is so weakened here in the long run. This was just a bad law, and the entire country reacted appropriately. His other policies havenât suddenly lost their luster. I actually think this episode shows that Israel is still alive and well and functioning. This is how democracy is supposed to work.