Israel Supreme Court Jerusalem (Wikipedia)
A day of nationwide strikes and demonstrations is planned for Israel Tuesday as the government of Prime Minister Benjamin Netanyahu is expected to move forward with the passage of its judicial reforms in the Knesset on Monday. Specifically, the so called “reasonableness” amendment to the country’s basic law on the powers of its Supreme Court is to be voted on.
Basically, the proposed “reasonableness” clause would place limits on when the courts can intervene and decide on whether a law passed by the Knesset should be allowed to stand. This is even so in cases when an independent group appeals a law based solely on its opposition to the policies the law sets and not whether it in any way violates the rights of Israeli citizens or other laws of government.
For example, when a few years back the Knesset voted to allow for the raising of speed limits on certain major highways from the previous maximum rate of 90 KPH (56 MPH) to 100 KPH (62 MPH) an independent organization petitioned the Supreme Court arguing the law should be overturned since it was not safe to raise the speed limit.
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The Supreme Court, in the end, rejected the petition. But the fact that it even heard the case, rather than decline to do so on the grounds that it is not for the courts to review public policy, angered many who feel that it has taken too many powers upon itself. The new law would prohibit the courts from even hearing such petitions in the future.
This does not seem to most to be such an unreasonable change to the system. And the Knesset is not, at this time, considering the proposed new law that would grant it the power to override any Supreme Court ruling with an absolute majority vote of 61 out of the 120 members of the Knesset. The opposition charges this would irreparably harm Israel’s democracy. Perhaps this is why Prime Minister Benjamin Netanyahu chose to move forward first with just this “reasonableness” law.
But the opposition sees this as nothing more than a change in tactics. It fears that the government is just starting with smaller matters such as this before pushing through the more controversial parts of its program. It also points out that this would still limit the courts’ ability to review laws passed based on what they may feel are violations of democratic principles.
And so it plans to continue with its protests, including once again attempting to block the entrances to Ben-Gurion International Airport.
Only this time the opposition has some of Israel’s major business leaders on its side.
The management of Big Group, a chain of nationwide strip malls, has announced plans to shutter all of its outlets on Tuesday in support of the demonstrations.
“If the law to abolish reasonableness in its current form is approved in the first reading on Monday in the Knesset, we will see a serious step on the way to clearly illegal governmental corruption, and another step on the way to dictatorship,” Big said in a statement. “Such legislation will be a fatal blow to Israel’s business and economic certainty, and will directly and immediately endanger our existence as a leading company in Israel.”
Government ministers were quick to call for a boycott of Big in response.
Minister of National Security Itamar Ben-Gvir, who leads the right-wing Otzma Yehudit (Jewish Strength) Party, said, “I, too, will boycott the Big Group until they retract [the threat] and apologize. Business owners who interfere politically and boycott half the people deserve condemnation from all shades of the political spectrum.”
It is not clear, however, if the Big Group can legally force its tenants to stay closed on a given day. These are not indoor malls where management can simply refuse to unlock the doors; they are outdoor malls where each store has a separate entrance. And even if Big could lock down its malls, the tenants might be able to sue for breach of contract.
At the same time, calls to boycott Big malls make little sense because there are home to numerous nationwide and local businesses that have not agreed to any strike.
The government has also been putting pressure on the police and other agencies to take a harder stand against the demonstrations. Prime Minister Netanyahu claimed that Israel has a double standard in the way it handles such protests, claiming the anti-government demonstrations have met with kid gloves.
“The right to demonstrate in the framework of the law is sacrosanct for every person and for the public and we strongly condemn any violence against demonstrators from whatever side,” he said.
“This right is reserved both to the opponents of the reform and its supporters,” added Netanyahu. “While the government has not considered restricting this right, it has requested to receive a report on the enforcement policy is regarding violations of the law that infringe on the basic rights of millions of citizens and which are carried out almost on a daily basis during the demonstrations.”
Hopefully, Tuesday will not see the spark that could set off the powder keg Israel has become in 2023. It seems these days people expect such an explosion at any time.
