Law reform tearing Israel apart

The Israeli Knesset’s historic vote to strip the Supreme Court of its powers to block government decisions has cast a shadow over the Jewish state’s reputation as the Middle East’s only full-fledged, functioning democracy. Prime Minister Benjamin Netanyahu argues that, in the absence of a written constitution, judicial reform to curb overreach by an interventionist court was needed. But pushing ahead after months of protests, mutiny by military reservists, opposition by key figures in the security establishment and global Jewish diaspora, opposition from business and unions, and censure from the US raises doubts about the timing. So does the manner of the Knesset’s passing of the legislation – a 64-0 majority after all opposition members left and joined protesters on the streets. As Australia/Israel & Jewish Affairs Council director Colin Rubenstein said: “It is disappointing that this controversial bill, which makes such fundamental changes to the very nature of Israel’s democracy, was passed in such a partisan, hasty and divisive manner.”

No other single issue has produced such anger, division and soul-searching since Israel was founded in 1948. Intervention by the activist court on issues such as the role of religion in a secular society, the definition of a Jew, and treatment of Israel’s Arab minority and Palestinians in the occupied territories has infuriated right-wingers who Mr Netanyahu relied on to return to power in December. That spurred demands to proscribe the court’s interventions, just as the prospect of a more authoritarian, less pluralist Israel has galvanised opposition. The law passed on Monday is the first in a series of proposals. Next will be a bill giving politicians the power to select judges.

Mr Netanyahu’s call for compromise on the rest of the reforms must be heeded by both sides of the divide tearing Israel apart. For all its shortcomings and irritations (governments in many democracies have problems with rulings made by their top courts), the Israeli Supreme Court has helped safeguard what makes Israel so admirable – democracy and respect for the rule of law, attributes that are largely unknown elsewhere across the Middle East.