Israel - Why are 100,000 Protesting?
I am rarely awed by architecture. The Supreme Court building in Jerusalem is an exception. I visited shortly after it opened in the early 1990s and the experience stuck with me. It merges history, religion, text and setting with purpose in a way that truly spoke to me. Being in the building felt like a physical culmination of Jewish history and the importance of justice to our tradition. It felt unsullied and idealistic – in a country where idealism more and more gives way to practical concerns and politics.
The building is expansive, meandering, with alleyways and turns and spots of lightness and darkness. It is balanced, but not in a clear, straightforward way. And, this feels intentional, as justice and right and wrong in Israel is almost never clear and straightforward. The Supreme Court Building is located next to the Knesset, the Israeli parliament, but also clearly separate and independent.
The delicate balance between the Knesset and Supreme Court is central in Israel’s current internal crisis. The current crisis is somewhat confusing, so I thought I’d use this space to give an overview. I'm not an Israeli scholar, but this is my understanding.
The current Netanyahu government, in an initiative led by Justice minister Yariv Levin, has laid out a series of proposed reforms, meant to limit the Supreme Court’s power. Here are brief explanations of the most critical three:
1 – Currently the Supreme Court can strike down any law that it believes is unconstitutional. (Israel does not have a constitution so this could be interpreted as in keeping with the country’s values, past laws, judicial history and declaration of independence.)
The proposal would allow the Knesset to overturn such a ruling by a simple majority of 61 out of 120 Knesset members.
2 – Currently the Supreme Court can overturn any Knesset decision that it deems as unreasonable. An example – In January, the Supreme Court ruled that Aryeh Deri, a right-wing politician who had previously been convicted of fraud and bribery, could not be given a ministerial position in the government. To appoint a known criminal would be “unreasonable,” it ruled.
The proposal would eliminate this Supreme Court power.
3 – Currently the Supreme Court members are selected by the justices and members of the Israeli bar association.
The proposal would replace the Israeli bar association representatives in the selection committee with Knesset members.
Supporters of these initiatives say that the Supreme Court has too much power and stymies the Knesset in its functioning. Opponents of these initiatives way that it upsets the delicate balance of power and separation between Knesset and Court.
If these changes are implemented, opponents warn, the Supreme Court will no longer be able to effectively keep the Knesset and the ruling party in check. Of course, Prime Minister Netanyahu is under indictment and the proposed changes would certainly help protect him.
Protestors against the plan have flooded Israel’s streets in crowds topping 100,000 – this is equivalent to protests of 5 or 6 million in the United States. Polls have shown that a majority of Israelis (over 55%) are against the changes. Tellingly, other polls show that Israelis – both Jewish and Arab – have more trust in the Supreme Court than any other Israeli institution in protecting citizen rights.
Our tradition teaches “Justice, Justice, you shall pursue.” The Torah instructs that we establish a fair, impartial and wise judiciary. Critics of the current plan have said it threatens Israel's democracy. Will it make justice impossible to pursue?
