EDITORIAL: Israel’s folly must be stopped

The far-reaching judicial reforms announced by the new right-wing coalition government in Israel led by prime minister Benjamin Netanyahu have elicited street protests. The proposals are causing fear among investors, have raised concern among many of Israel’s foreign allies and risk severely harming Israel’s claim to be the only democracy in the Middle East.

As Israel does not have a constitution, the Supreme Court is the main statutory organ for limiting state power. The proposed reforms will give more powers to the government in the committee that selects judges at a time when Netanyahu is facing bribery charges, and will deny the Supreme Court the right to strike down any amendment to the “basic laws” underlying Israel’s legal system.

The proposed laws will empower the 120-member parliament to overrule Supreme Court decisions with a simple majority of 61 votes. Netanyahu argues that the current system gives judges too much power. Opponents, however, warn that the reforms will undermine Israel’s judicial independence, threaten the court’s ability to strike down laws and to protect civil rights —  especially those of Palestinians, women and gay people.

South Africans have come to appreciate the need for judicial independence. Our constitution gives the Constitutional Court entrenched independence and powers. This has proved a powerful bulwark against the abuse of state power and ensured the protection of human rights. Israelis and Palestinians need this too. The proposed judicial overhaul is a populist roadmap to institutional thuggery and should be thrown out.