What is the controversial law Israel has passed? What happens next?

Israel is facing its biggest domestic crisis in recent years. Unprecedented protests have gripped the nation after the Parliament passed a controversial reform that alters the working of the judicial system. The “reasonableness” bill adopted on Monday is just the first major legislation in the Israeli government’s plan to overhaul the judiciary. It comes after six months of protests and strong criticism from the White House. Passed by a vote of 64-0 in the Knesset (Israeli parliament), the reform is considered a big victory for Prime Minister Benjamin Netanyahu and his hard-right government. What is the ‘reasonableness’ bill? The law passed on Monday is the first change to the country’s judiciary . Called the “reasonableness” bill, it limits the role of the Supreme Court. The top court no longer has the power to cancel decisions taken by the government on the grounds of being “unreasonable”. A report in The New York Times describes reasonableness as a “legal standard used by many judicial systems, including Australia, Britain and Canada. A decision is deemed unreasonable if a court rules that it was made without considering all relevant factors or without giving relevant weight to each factor, or by giving irrelevant factors too much weight”. While members of the governing coalition voted in favour of the bill, the opposition staged a walkout. Netanyahu and his right-wing allies believe that the law will help democracy as it gives more powers to legislators, who are elected, against unelected judges.

What are the other reforms? Apart from the “reasonableness law”, the other changes could give the right-wing government more control over the appointment of judges by increasing its representation on the committee which appoints them. The government wants to further weaken the Supreme Court to review laws, enabling a simple majority of one in the Knesset (parliament) to overrule such decisions, reports the BBC. The third measure would allow ministers to pick their legal advisors instead of using independent professionals. These bills have not advanced in the legislative process like the reasonableness bill. [caption id=“attachment_12912072” align=“alignnone” width=“640”] An injured demonstrator is dragged by police to be detained during a protest against plans by Netanyahu’s government to overhaul the judicial system, in Tel Aviv, Monday. AP[/caption] According to Netanyahu and his supporters, the Supreme Court has become an elitist group that does not represent the people of Israel. It has overstepped its role by getting involved in issues that do not concern it, reports CNN. The PM, who was hospitalised, was discharged on Monday, after having been fitted with a pacemaker. Addressing the nation later, he said the passage of the law was a necessary “democratic move” and he was “fulfilling the will of the voter”. Why is there such strong opposition to the reforms? Critics say that the reforms are a threat to democracy in the country. Israel has no written constitution but a set of quasi-constitutional basic laws. The Supreme Court is the only check on the power of the parliament and the government. According to critics, the new reforms will “destroy the only avenue available to provide checks and balances in the governing of the country. They also warn it will harm the independence of the Israeli judiciary and will hurt rights not enshrined in Israel’s basic laws, like minority rights and freedom of expression”, reports CNN. [caption id=“attachment_12912082” align=“alignnone” width=“640”] Lawmakers surround Israel’s Prime Minister Benjamin Netanyahu at a session of the Knesset, Israel’s parliament, in Jerusalem, Monday. AP[/caption] Those opposing the law say the judicial overhaul will help protect Netanyahu, who is on trial for alleged corruption. However, the PM denies the charges. The law “weakens and eliminates any form of supervision that the Supreme Court has over the decisions of the government,” Ahmad Tibi, a Palestinian member of the Knesset, told Al Jazeera. This is especially the case when it comes to “decisions that have to do with official appointments and other major decisions”, Tibi said. These appointments include decisions on senior positions in the army, police, and financial institutions, among others. According to Amjad Iraqi, senior editor of +972 Magazine, these appointments could affect Palestinian citizens of Isreal, removing the potential for them to challenge these choices “legally and administratively”. He told Al Jazeera that the government can now implement its policies “much quicker”. What are Israel’s allies saying? The United States and other allies have expressed concerns about the reforms. US president Joe Biden urged Israel on Sunday not to rush increasingly “divisive” judicial reforms. In a statement first published by news site Axios and later shared with AFP by the White House, Biden said, “It doesn’t make sense for Israeli leaders to rush this - the focus should be on pulling people together and finding consensus.” “From the perspective of Israel’s friends in the United States, it looks like the current judicial reform proposal is becoming more divisive, not less,” he said. [caption id=“attachment_12912112” align=“alignnone” width=“640”] Riot police tries to clear demonstrators with a water canon during a protest against the Netanyahu government’s plans for a judicial overhaul. AP[/caption] What happens next? The reforms have left the country divided. Protesters have been demonstrating for months demanding that the overhaul be stopped and Netanyahu resign. They have the backing of the PM’s political rivals, former top officials in the military, former chief justices, prominent legal figures and businessmen, reports BBC. Israel’s trade union confederation has warned of a strike. Doctors across the country are set to hold a 24-hour protest. Military reservists including air force pilots are threatening not to report to duty, raising concerns about Israel’s security. [caption id=“attachment_12912132” align=“alignnone” width=“640”] Demonstrators block the traffic on a highway crossing the city during protests in Tel Aviv, Monday. AP[/caption] The Movement for Quality Government, an NGO, on Monday, petitioned the Supreme Court against the reduction of the reasonableness standard. According to it, the reduction gives unlimited power to the executive branch of Israel’s government and is a misuse of authority. Former PM and Opposition leader Yair Lapid also plans to petition the Supreme Court to annul the new law. The Israel Bar Association will also petition the Israeli Supreme Court to cancel the Knesset’s decision. The Bar warned that it will shut down “as an act of protest against the anti-democratic legislative process,” the statement said. The petitions for the Supreme Court to stop the implementation of the law are expected to be filed on Tuesday, reports CNN. If the SC rules the law invalid, it could trigger a constitutional crisis with the government and the court at loggerheads. With inputs from agencies