One may argue that a court’s interference in executive matters could undermine the authority of an elected administration. However, judicial monitoring is intended for circumstances in which a government’s principles, practices, or intentions can be inimical to democracy or morality.
Source: Bangkok Post
Israel’s higher judiciary has occasionally interpreted rulings as immoral or driven by political considerations without proper consideration of the public interest by using the reasonableness doctrine. The court invalidated Netanyahu’s choice to name the leader of a religious party who had been convicted of tax offences to his cabinet, giving him two portfolios in what appeared to be a trade-off for the support of his party, weeks after he struck a deal with extreme right-wing parties to return to power last December. Netanyahu wants a judiciary he can control since he is being investigated on severe corruption accusations.
A proposed judicial reform that includes the law that the Knesset, where Netanyahu’s coalition has a majority, enacted is just one component. Draught law granting the government additional authority in appointing judges is also part of the intended judicial reforms.
Another law will eliminate the Supreme Court’s ability to reverse Knesset-passed legislation by allowing the House to do so with a simple majority. The effort to limit the judiciary’s authority must also be considered in light of Netanyahu’s other rumored proposal, which calls for approving unregistered settlements and the construction of over 20,000 additional homes in the West Bank. This would undermine the notion of a two-state solution by effectively annexing the occupied regions. A judiciary with no teeth would be simpler to deal with for a government that is reluctant to carry out these objectives. There may be similarities with a conflict between the administration and the judiciary in this nation.
Source: CNN- News 18
But what is remarkable about Israel is how its citizens have responded. Individual liberties and rights in Israel are derived from a body of precedent known as the Basic Law, which has so far been interpreted and upheld by the judiciary. Israel does not have a written Constitution. Since January, large numbers of Israelis from all walks of life have been protesting Netanyahu’s plans in the streets.
They have been joined over the months by powerful members of the Israeli establishment and reservists, who make up the majority of the Israeli Defence Forces and are all too aware of the potential for authoritarianism in an all-powerful majoritarian executive. Their impulsive desire to defend democratic principles and liberties is an encouragement to people everywhere.
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