Compromise, Coalition Shakeup in the Air During Knesset Recess

The contentious legislation passed just before the summer break is just one step in the government's judicial reform program, and over the summer negotiations are continuing that may bring about changes

Israel’s parliament, the Knesset, is halfway through its summer recess, which began on July 30 and will continue until after the Jewish holidays end in mid-October.

During the long break, negotiations are continuing over the government’s controversial judicial reforms, which have sparked heated debates and large protests weekly for much of the year.

The governing coalition, the furthest right in Israel’s history, has been advancing a contentious set of judicial reforms since its election late last year. Before beginning the summer recess, the coalition was able to pass controversial legislation limiting the High Court’s previous ability to overturn government decisions and appointments using the so-called “reasonableness standard.” Major demonstrations were held across the country in protest against that legislation.

Dr. Ilana Shpaizman, a professor of political studies at Bar-Ilan University, told The Media Line that the “reasonableness standard” legislation constitutes only a quarter of the total judicial reform program planned by Justice Minister Yariv Levin.

There’s a lot of fog, a fog of war, when it comes to what the plan is

Dr. Yonatan Freeman of the Political Science Department at the Hebrew University of Jerusalem told The Media Line that there is no clarity about the planned reforms and their exact content. He said that even organizations that have previously supported judicial reform, such as the conservative Jerusalem think tank the Kohelet Policy Forum, had proposed something “that is very different now from what’s being talked about by various parties.”

“There’s a lot of fog, a fog of war, when it comes to what the plan is,” Freeman said.

However, he said the lack of clarity could open up possibilities for compromise, including between the coalition and the opposition, or even a rearrangement of the coalition.

“Maybe what [Prime Minister Benjamin] Netanyahu is thinking about isn’t so much about a compromise in which the opposition, or some of the opposition, supports what his coalition wants to pass, but rather it might mean that some of the elements will change. Different elements in his coalition may leave and be replaced by more moderate individuals,” he said.

Freeman said that one possibility is enticing former defense minister and alternate Prime Minister Benny Gantz, now in the opposition, to enter the coalition.

He said that many coalition members had criticized the current security situation in Israel.

“They may think new elections are coming up, and they want to show their base that they are all hyped up and all up in arms,” he said.

The court is currently reviewing petitions to overturn the “reasonableness standard” law.

Shpaizman said that the law could be overturned if the court finds that the legislative process was insufficient.

Freeman said that while many people doubt that the government would respect the court’s decision if it strikes down the law, those doubts are likely unfounded. He said one example is Aryeh Deri, who was disqualified by the court from serving in a ministerial position due to his criminal record. The decision was respected, and he was removed from his position.

Historically, Israeli governments have always abided by court decisions, Freeman said.

“Even things that maybe their base has disagreed with when it comes to different policies, and even with security tactics that the High Court has struck down, the Israeli government has instructed the military to follow [the court’s rulings],” he said. “So, I think that the rule of law will continue to be followed.”

He said that a court decision to strike down the law might ultimately end up benefiting Netanyahu.

“I’m also not certain that Netanyahu is really for all these changes. He might have just been impacted by some of what his own party members were trying to push forward, and also nonparty members like [Religious Zionist party members Finance Minister Bezalel] Smotrich and Simcha Rothman [chairman of the Knesset’s Constitution, Law and Justice Committee],” he said.

This will give him some sort of a lifeline in terms of what to do

If the law is overturned, that might provide Netanyahu with a way out and even possibly a basis for compromise with the opposition.

“This will give him some sort of a lifeline in terms of what to do,” Freeman said.

Shpaizman said it is likely that the large “days of disruption” held in protest against the reforms, which caused chaos at Ben Gurion International Airport and around Israel, will become less common. However, she predicted that the weekly protests would continue, as will initiatives such as demonstrations in front of lawmakers’ homes.