Reforming Israel’s Judiciary System: Examining the Protests

Over the past six months, Israel has been a chaotic and tumultuous place, resembling a massive political protest and a never-ending traffic jam. It has become a battleground for bad ideas and a glimpse into the future of Western democracy in the age of social media. As someone who has lived and written here for nearly 30 years, I found myself gaining a fresh perspective as I stood among thousands of protesters outside the Knesset on Monday, enduring the heat and almost yearning for relief from the police water cannon.

Inside the Knesset, the current Israeli government, which is the most extreme in the country’s history, has been pushing through legislation to consolidate power and weaken the judiciary. Despite the protests, the law was passed and opposition lawmakers described it as one of the hardest days of their lives. It was a pivotal moment that signaled the end of an era in Israeli history, leaving us uncertain about what lies ahead.

This breakdown in Israel has exposed hidden assumptions and blind spots, both within the country and within myself. Since its hurried declaration in 1948, Israel has relied on temporary measures and unwritten customs to govern itself. These customs were not enforceable by law, but rather relied on a collective belief in their importance. However, they have now been discarded, and what remains is a sense of uncertainty and fear.

One of these customs was the resignation of a prime minister when facing prosecution, as well as the avoidance of appointing criminals to oversee law enforcement. It was also customary to respect civil servants and the expertise of soldiers and spies in keeping the country safe. Above all, the judiciary was meant to be apolitical. Unfortunately, the current government has abandoned these norms and is in the process of dismantling the only check on its power.

The lack of institutional restraints on the government’s power has become increasingly apparent. Prime Minister Benjamin Netanyahu’s new coalition government, which did not even secure a majority of the popular vote, announced plans to undermine the Supreme Court and bypass judicial review. This essentially gives the government free rein to delay elections, suppress opposition parties, empower religious figures, and appoint corrupt officials. These actions have sparked suspicion and protest among the Israeli public.

In response to this erosion of democratic norms, tens of thousands of Israelis have taken to the streets in weekly protests since January. This unexpected mobilization has caught the government off-guard and inspired many who have been searching for hope in this tumultuous year. It has also raised questions about where everyone has been until now, as Netanyahu and the right-wing have been in power for the majority of the past decade.

The truth is that liberal Israelis, who believed in the temporary nature of settlements and assumed Netanyahu’s goal was peace and prosperity, have been complacent. Meanwhile, the settler movement and its allies have been quietly gaining power and forming alliances, with a vision of Jewish domination and religious law. This extreme element now holds key positions in the government and has the potential to spark conflict and further stifle democracy.

Furthermore, the recent protests have revealed a deep divide between Ashkenazi Jews with European roots and Mizrahi Jews with roots in the Islamic world. Despite attempts to frame the debates as solely about policy, it is clear that identity plays a significant role. Many Mizrahi families, who felt marginalized by the country’s founding elites, hold grievances that have only grown stronger over time. This divide has been evident at the protests, with middle-class Ashkenazim primarily participating and working-class Mizrahim serving as the police force.

As we navigate this uncertain and volatile period in Israeli history, it is crucial to recognize the erosion of democratic norms and the underlying fault lines within society. The protests have served as a wake-up call, prompting many to take action and express their distress. It is a time for reflection and for finding ways to rebuild a more inclusive and democratic Israel.

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