Democracy in danger

PHOTO: ODT FILES
As feared, it is coming to pass. Israel’s Prime Minister, Benjamin Netanyahu, is pushing ahead with changes that are dividing Israel like never before and imperilling its democracy.

Months of mass demonstrations and anger have failed to turn Mr Netanyahu and his allies from their course to emasculate the Supreme Court.

While deep divisions have long marked Israeli society, what is occurring is on a new scale.

Stage one was achieved this week when the Knesset agreed 64-0 (opposition members walked out) limiting the Supreme Court’s powers to void some government decisions if it deemed them "unreasonable".

Mr Netanyahu argues this is pro-democratic, a view when examined in isolation is not without merit.

It is argued the Supreme Court had become too politically interventionist. Surely, the will of the democratically elected parliamentarians should prevail.

Although Israel has few checks against unlimited executive power, so does New Zealand. Here, Parliament has the final say and can change the law if the ruling party believes judges have got it wrong.

However, Israel’s and Mr Netanyahu’s position is different.

Benjamin Netanyahu. PHOTO: GETTY IMAGES
Benjamin Netanyahu. PHOTO: GETTY IMAGES
First, this fundamental constitutional change in Israel was only outlined after Mr Netanyahu and his allies, including far-right religious fundamentalists, narrowly gained power after elections late last year.

There was no electoral mandate for the changes.

Some dissension is said to be emerging in Mr Netanyahu’s Likud Party, and opinion polls favour the opposition.

Second, this week’s vote is only the first stage towards centralising power for the Government. Next comes the Government appointment of judges.

It had been hoped that a compromise could have been reached. Instead, Mr Netanyahu just delayed a little and is introducing change in phases.

Third, the moves are seen as a way for Mr Netanyahu to avoid fraud and bribery charges against him. He is wrecking the nation for the sake of his own legal and political survival and to avoid potential jail terms.

Mr Netanyahu, who has much in common with former United States president Donald Trump, has a history of undermining democracy and promoting polarisation. As prime minister from 2009 to 2020, he acted through law, executive power and social media against human rights groups, writers and artists and political opponents.

He would drive Israel down a path away from democracy and towards autocracy, as has occurred in Hungary or Poland — with an added ethnoreligious layer like Turkey or Iran.

Even longtime friend the United States is losing sympathy. President Joe Biden has been in vain urging compromise. The US called the law change this week "unfortunate".

The fears that have prompted 30 weeks of mass protest in Israel go well beyond the left and secular Israelis.

Opposition has come from foreign investors, the important tech sector and entrepreneurs. Mainstream banks and businesses have joined in. Labour strikes and voluntary business closures loom.

Thousands of reservist service personnel have said they will not show up for duty if the proposals march on.

More than 1100 air force reserve officers signed a letter saying the legislation breaks trust and will harm security. They will have no choice but to refrain from volunteering.

Dozens of former senior security officials, in their protest letter, said: "The legislation is shattering the common foundation of Israeli society, tearing the people apart and . . . causing grievous harm to Israel’s security."

On Tuesday, the Israeli Medical Association went on strike.

Meanwhile, the Supreme Court itself will in September examine the new law about itself, setting up a constitutional crisis.

As the Jerusalem Post has explained: Israel is on the brink. It was up to Mr Netanyahu to pull the nation back from the precipice.

The government and opposition could have established a compromise to limit the court without gutting it, all the while preserving some social unity. Israel’s president, Isaac Herzog, impotently, developed proposals to do that.

Unfortunately, Mr Netanyahu — with his stark personal interest at stake — is determined to press ahead.