With judicial reform legislation set to continue progressing in Knesset committees this week, tensions between different political factions rose over the weekend as protests and clashes between demonstrators intensified.
“There is nothing to worry about,” Justice Minister Yariv Levin told supporters who rallied outside his home in Modi’in on Friday. “I am strong, I am determined and together we will pass the reform.”
The reasonableness standard bill, one of the provisions of the reform, will be prepared for its first reading at a session of the Constitution, Law and Justice Committee on Monday. A second hearing on the bill set for Tuesday will feature representatives of the Israel Bar Association. The government is expected to try to pass the bill by July 31.
The private bill would prevent courts from using the reasonableness standard in rulings on administrative decisions by elected officials. The standard is a common law principle that permits the enforcement of governmental administrative acts that are considered beyond the scope of what a responsible and reasonable authority would undertake.
Other reform bills that were introduced as recently as last week would see the Israel Bar Association weakened as a voluntary organization of lawyers, and a private bill that would make the opinions of legal advisers of the government are not legally binding.
A polling station for the head of the Israel Bar Association, at the Magistrate’s Court in Jerusalem, June 20, 2023 (Credit: YONATAN SINDEL/FLASH90)
Levin attacked the reasonableness standard with a graphic posted on social media Saturday night, describing it as a tool that allowed the court to interfere with government decisions. He argued that the standard allowed the courts to decide what was reasonable, rather than the electorate as required in a democracy. The bill would make it impossible for the court to invalidate a government action because of a political worldview, according to Levin’s chart.
Backtrack from Lapid
Opposition leader Yair Lapid defended the reasonableness standard at a protest Saturday night in Ra’anana and attacked the renewed legislative push.
“They are trying to confuse us, they tell us: ‘We are only passing the argument of reasonableness, it is small, it is technical, the opposition has already agreed on it at the President’s Residence,'” said Lapid. “That’s a total lie. Nobody agreed with anything.”
Lapid said the bill would harm the country’s authority and democracy. The standard of reasonableness was necessary because politicians crossed the lines and to prevent those repeatedly convicted of crimes, such as Shas chairman Arye Deri, from becoming ministers.
“If the standard of reasonableness is removed, all restraints will be broken, all boundaries will be crossed,” Lapid said. “We need the reasonableness standard because we have an unreasonable government. We need it because the court is the last line of defense for Israeli democracy.”
While the latest legislative push was quickly forced and stalled by protests, Lapid said the government was trying to pass smaller pieces slowly.
With the legislation moving forward, protests against judicial reform are also picking up pace. The demonstrations had continued on the back burner since Prime Minister Benjamin Netanyahu froze reform legislation in March.
Saturday was the 26th consecutive week, half a year, of protests against the government’s proposed judicial reform. According to protest organizers, more than 286,000 people came out to protest on Saturday night, of which 150,000 were present at Kaplan Junction in Tel Aviv.
Protesters in Tel Aviv partially blocked the lanes of the Ayalon highway on Saturday evening before the demonstration on Kaplan Street. The police removed the demonstrators.
At Kaplan’s protest, a confrontation arose between Brothers in Arms activists and a group of protesters who attempted to wave Palestinian flags. A Brothers in Arms protester was sprayed with pepper spray by a protester holding a Palestinian flag.
“Just as we will not allow violence in demonstrations, we will not accept the waving of enemy flags,” said the reservist protest group Brothers in Arms. “The protest against the coup is a patriotic protest by those who love the state and not by those who oppose its existence.”
As part of a series of protest actions this week, protest leaders plan to disrupt Ben-Gurion Airport on Monday.
“Starting Saturday night, we call on the public to join the disruption operations aimed at establishing a fact before the government of destruction: the dictatorship will not pass!” protest movements said.
Tzvi Joffre contributed to this report.
