A Serious Constitutional Crisis: Will Netanyahu Change Israel's Judiciary Forever?

In a controversial move, Israel’s parliament (Knesset) recently approved a law changing the composition of the committee responsible for appointing judges, following a widespread boycott by opposition parties.

This vote comes as the culmination of a two-year constitutional crisis, when the judicial reform plan, launched by Benjamin Netanyahu's government, sparked widespread protests that subsided after the start of the Israeli war on Gaza in October 2023.

Critics of the law, which will not take effect until the beginning of the next Knesset's term, expect it to mark a turning point in the relationship between the authorities in “Israel”, amid warnings of its negative impact on the status and impartiality of the judiciary.

Legal experts have warned that Netanyahu’s judicial overhaul will weaken the independence of the judiciary and make it subject to political bargaining. They assert that the decision will further inflame the Israeli street against Netanyahu's government.

Judicial Overhaul

The Israeli government recently took an important step paving the way for limiting the powers of the Supreme Court and the judiciary, which threatens to escalate a constitutional crisis.

On March 27, the Israeli Knesset passed a law that strengthens the political power over the appointment of judges, a move that brings to the forefront a judicial overhaul plan that has deeply divided Israelis, with thousands of them once again taking to the streets to demonstrate.

Later, thousands demonstrated in Tel Aviv and Jerusalem against the Netanyahu government, in protests that organizers said aimed to highlight the danger threatening the country.

Of the 120 Knesset members, 67 supported the proposal, while one opposed it.

The debate on the bill dragged on for a long time before the final vote in the second and third readings, due to the unprecedented 71,023 objections lodged by the opposition against the legislation.

The controversial legislation restructures the Judicial Appointments Committee, which has been in place since 1953, by replacing representatives of the Bar Association with public representatives appointed by the coalition and the opposition, and reduces the required majority for appointing Supreme Court justices from 7-2 to 5-4.

It also requires the approval of at least one representative from each of the coalition and the opposition for any Supreme Court appointment, and adds a mechanism to resolve deadlocks if appointments are delayed for a year.

Currently, there are 11 Supreme Court justices out of the court's 15 members.

This law is part of the judicial overhaul laws proposed by the government in early 2023, which sparked widespread protests among Israeli citizens.

Knesset Constitution Committee Chairman Simcha Rothman asserted that the law constitutes a crucial step in returning decision-making power to the people of “Israel”.

The Israeli government introduced this law, complaining that the Supreme Court can overturn laws passed by the Knesset and decisions taken by it.

The law's passage coincides with the Supreme Court's suspension of a government decision dismissing Shin Bet chief Ronen Bar and the initiation of impeachment proceedings against State Prosecutor Gali Baharav-Miara.

Similar to the rhetoric of U.S. President Donald Trump, on whose patronage Netanyahu has come to depend, the prime minister suggested that the judiciary is part of a leftist deep state trying to thwart him.

Currently, the prime minister is on trial, including on charges of bribery, fraud, and breach of trust, in three corruption cases.

Constitutional Crisis

This law could spark a constitutional crisis in “Israel”, particularly if the Supreme Court opposes it, as it would undermine its authority and ability to rule against laws passed by the Knesset and the government.

The opposition Yesh Atid party (‘There is a future’ in Hebrew) warned that the law politicizes the judiciary and that politicians will choose judges based on ideology and loyalty, rather than professionalism, leading to the collapse of one of the last brakes on democracy in “Israel”.

Amid the internal crisis, major disagreements, and street protests, three appeals have reportedly been filed with the Supreme Court against the controversial law passed by the Netanyahu government to reform the judicial selection process.

The appeals argued that the reforms exceed the Knesset's powers as a constituent authority because it is an unconstitutional reform, seriously harming the fundamental components of the State of “Israel” as a democratic state.

A number of opposition party leaders issued a joint statement condemning the amended law, saying, “The government has passed a law whose purpose is to subjugate the judiciary to the will of politicians.”

They pointed out that this move comes at an unacceptable time, and that instead of focusing on returning prisoners and healing the internal rift, the government continues to advance divisive legislation.

They also accused the Netanyahu government of failing to learn from the events of October 7, continuing to weaken the home front, and ignoring real challenges, foremost among them security, the economy, and national unity.

The signatories affirmed that, if they win the upcoming elections, scheduled for the end of next year unless early elections are held, they will work to repeal this law and reform the judicial selection committee based on professional and impartial principles.

On his part, National Unity Party leader and former Army Minister Benny Gantz warned that the country is heading in a dangerous direction.

“Democracies collapse or slowly die when they are afflicted with a malignant disease called the tyranny of the majority, which progresses slowly until the curtain of darkness gradually descends over society,” he said.

“Instead of focusing on returning the hostages, the ruling coalition has decided today to return the situation to the pre-October 7, 2023 era,” he added.

Knesset member Gilad Kariv of the Democratic Party condemned the Netanyahu government for violating Israeli democracy.

The Association for Civil Rights in “Israel” said in a statement that the law will politicize the judicial system, thereby undermining the integrity of judicial appointments.

The Movement for Quality Government also emphasized that the law constitutes a dramatic change in the basic structure of parliamentary democracy in “Israel”.

Eliad Shraga, chair of the movement, accused the government of exploiting a time of war as a smokescreen to advance a political agenda.

Netanyahu's Efforts

Justice Minister Yariv Levin, however, dismissed criticism of the legislation, arguing that it was necessary because the Supreme Court effectively abolished the Knesset and also placed itself above the government.

He also emphasized that the law ends the era of judicial dominance over politics, describing it as a historic event and a correction of a decades-long imbalance.

He stated that the Judicial Selection Committee is now balanced, representing all components of Israeli society, and ensuring professional appointments and diversity at all levels of the courts.

In a joint statement with Levin after the vote, Israeli Foreign Minister Gideon Sa'ar welcomed the law's passage, stressing that it represents an evolutionary and balanced change based on our political tradition.

Far-right Finance Minister Bezalel Smotrich also welcomed the law's passage, calling it a significant and important step and promising to continue strengthening Israeli democracy.

“This law represents the continuation of a two-year effort by Netanyahu's coalition to expand its control over other branches of government,” The New York Times wrote.

It noted that prior to the October 7 attack, the Israeli prime minister had attempted to enact similar legislation in the face of mass protests, claiming it was aimed at preserving the country's unity during wartime.

Palestinian analyst Ismail Maslamani told Al-Estiklal that “Netanyahu’s government is exploiting the state of emergency, which has been in place since October 7, 2023, under the cover of the war in Gaza, to pass constitutional legislation aimed at bringing about radical changes in the Israeli judicial system.”

“The evidence for this is the government's success, during a state of war, in passing a law to change the composition of the Judicial Appointments Committee, a law it had failed to pass prior to the recent Gaza war,” he added.

He noted that Netanyahu is also exploiting the war to close internal files, not the other way around, predicting that his policies could push “Israel” toward a serious constitutional crisis.