In a televised address to the nation, Israeli prime minister Benjamin Netanyahu paused his government’s judicial-overhaul efforts today. This comes after opposition to the reforms reached a crescendo in response to Netanyahu’s firing of defense minister Yoav Gallant. Now, Histadrut, Israel’s national trade union, has called off mass strikes that were expected to wreak havoc on the Israeli economy.
But as Phil noted, “while the pause may defuse the immediate crisis, it doesn’t resolve any of the fundamental issues that have led to the conflict in the first place.” So what happens next? The important thing is: something. Some kind of reform is necessary. Israel’s supreme court has become an insular, self-perpetuating body independent of — and, increasingly, standing against — the rest of the government. So as long as judicial reform isn’t too majoritarian or hastily done, it could be worthwhile.
What has led Israel to this impasse is not just the overweening nature of its supreme court, but also the lack of a written constitution. To address this, opposition leader Yair Lapid has suggested the creation of such a document, one that could provide a legitimate basis for judicial review of legislation that contravenes fundamental rights. Another possibility being offered: a proposal that limits the high court’s use of the “reasonableness” standard as a basis for judicial review and requires a supermajority of the legislature to override one of its decisions.
What comes next is anyone’s guess. But one thing is certain: This story is far from over.