Earlier this month, the Supreme Court of Israel made a decision on the two major bills promoted as part of its judicial reform for the Prime Minister Neyahu pole.The first bill is vetoed and the second bill is postponed to the decision to start after the next election, so that Israel's democratic forces ushered in a historic victory.
TheThe first bill will cancel the power of the Supreme Court to prevent the "extremely unreasonable" government decision -making power.The second bill is obviously tailor -made for Neutanahu, which is currently triald by corruption, and aims to prohibit the Israeli chief prosecutor from trying to intervene in criminal proceedings in Nei Tanahu.Only for health can the prime minister's ability to lose work.Both the two bills were approved by the parliament as a revision of the Israeli Basic Law (that is, the real constitution of the country) last summer.
These ruling marks the watersheds of Israel's democracy.By deducting the government's judicial reform, the Supreme Court denied that maintaining war during the war must tolerate the view that Neihuhu erodes democratic norms.The Supreme Court defended rational standards with a weak advantage of 8 to 7 and condemned the democratic character of Israel by "unprecedentedly harm" in the ruling alliance.
In addition, 12 of the 15 judges ruled that the Supreme Court had the right to review and even abolish the Basic Law of the identity of Israel Jewish and democratic countries.This is equivalent to rejection of the government's arguments, that is, the Basic Law should be exempted from judicial review, even if they are passed by the Israeli parliament with a simple majority.
In other words, the ruling of the Supreme Court is very different from its unwillingness to make a decision on the Basic Law.Because Israel does not have a formal constitution, these laws play the role of basic legal frameworks, summarize the state's responsibility and protect basic citizen rights.However, the Neutanhu government uses the non -interference policy of the Supreme Court to seize all opportunities to manipulate the basic law procedures to seek personal and political interests for Negatahu.The latest ruling of the judges aims to end this approach.
TheThe Supreme Court overthrowing the judicial reform of Neihuahu's judicial reform also represents the major victory of hundreds of thousands of Israelis who have been on the streets in the past year.These large -scale assemblies highlight the continuous conflict of the two different visions of Israel in the future, and Hamas's massacre on Israeli citizens on October 7 temporarily covered this difference.Since the outbreak of the Gaza War, Neyahu and his allies in Israeli history have been tried to push the responsibility to the protesters and the Supreme Court due to their own negligence.They believe that the protesters exposed Israel's internal differences and accidentally encouraged Hamas to launch an attack.
But it is obvious that the government's judicial reforms that tear the Israeli society, not protests against reform.However, Negama's ally, including the Minister of National Security, ITAMAR BEN-GVIR, and his far-right resident voters have always been the behind-the-scenes push of the judicial institution-but slammed violentlyThe Supreme Court "weakened" the "spirit" of soldiers fighting in Gaza.
As far as Negama is concerned, he seems to be regarded as an insurance policy with Hamas.His management of war is closely related to his pursuit of political survival, which reflects that he is obviously convinced that he must reduce the adverse effects of his split judicial reform, and his personal responsibility on the attack on October 7th.The only way is to achieve a decisive victory of Hamas at all at all costs.
Nei Tanahu hopes to save his political career, which also explains why he refuses to take responsibility for Israel's mistakes in the current predicament.From the chief of staff to the head of the military intelligence department and the Israeli National Security Agency (SHIN BET), the senior management of the military has recognized his own mistakes and promised to resign as soon as the war ended.However, the strong Hamas, who once said that the strong Hamas in the Gasha Strip, is Nantanahu, who is "we obstruct the founding of the Palestinian country", but continues to escape the responsibility by repeating his newly invent mantra "everything after the war".
Before October 7, many reserve soldiers and combat pilots actively participated in large -scale protests against government judicial reform, and some even threatened to stop serving military service.Although their main motivation is to care about Israel's democracy, they also understand that as a military personnel, a judicial institution that is independent and respected internationally can protect them from potential prosecutions from international courts.It is regrettable that the most worried about these reserve personnel will soon become a reality.
The casualties caused by the Gaza War caused Israeli leaders and soldiers to face the risk of being prosecuted for the crime of war.The Hague International Court plans to discuss South Africa's prosecutions on Israel's racial extinction.In order to defend himself, Israel is expected to not mention the brutal threat and ethnic extinction theory preached by the partner of the Neitana Alliance in the Neitana Alliance, and emphasizes the international status of the Supreme CourtIt is necessary to take action immediately to prevent the Palestinians of Gaza from suffering from ethnic extinction).
Although the judicial coup that Negata tried to launch was frustrated, it turned out that the victory could be fleeting.The warriors, savior settlers, and cynical opportunist alliances who are ordered in Neitanahu will still be intact and will continue to implement its dictatorship.In addition, after the chief judge Esther Hayut and the judge Anat Baron retired, most of the Supreme Courts of Liberal Supreme Court who overthrew government reform no longer existed.
The importance of the Supreme Court, a milestone ruling, especially in a war that is related to life and death, how to emphasize is not exaggeration.It turns out that most of the court's liberals are the indispensable allies who oppose the democratic forces of extremists; these extremists will treat the Gaza War as an opportunity to realize its large Israeli vision from the Mediterranean to the Jordan River.However, the recent victory of these forces is only part of the larger battle for the Israeli soul -this battle is still under the shadow of the continuous war.
The author SHLOMO BEN-AMI is the former Foreign Minister of Israel and the vice chairman of the current Tryo International Peace Center
English Original: A REPRIEVE for Israel ’s Democracy
All rights reserved: Project syndicate, 2024.