Background Memo on the Impact of Proposed Policies called for by Israel’s New Government
What’s at Stake:
The enactment of many of the policies called for by members of the coalition, most particularly Justice Minister Yariv Levin and Knesset Constitution, Law and Justice Committee chair Simcha Rothman – endorsed by PM Netanyahu — would constitute, or likely result in, an abandonment of the fundamental freedoms enshrined in Israel’s Declaration of Independence and in its Basic Laws.
It would reject a key, fundamental character of all democracies – a commitment to protect core rights enshrined in the Universal Declaration of Human Rights and other international covenants to which Israel is a signatory – as rights that must be free of majoritarian rule.
Specifically, under the proposed legislation:
- It will be nearly impossible for Israel’s Supreme Court to strike down legislation and the Knesset could override such decisions:
- The judiciary will become significantly less independent and judicial selections highly politicized.
- Government and ministerial decisions will be immune from judicial review.
- The government will no longer be bound by the Attorney General’s legal opinions and will be able to act in violation of the law.
- These restrictions on the protections for civil rights together with other proposed policies of key members of the coalition would have a detrimental impact on religious freedom, equality and pluralism in Israel affecting all non-Orthodox and non-Haredi communities and individuals.
- The Coalition agreements include a proposed expansion of funding (to the tune of billions of shekels) to the ultra-Orthodox communities, which additionally will result in the cutting of substantial support for the non-Orthodox streams (Reform and Conservative Movements among others).
Recommended Articles and Videos:
- MK Rabbi Gilad Kariv – Understanding the Israeli Judicial Overhaul Here is a link to a downloadable version of the full video from a speech given by MK Rabbi Gilad Kariv at Brooklyn Heights Synagogue on Saturday night March 18, 2023. This is one of the most comprehensive and in-depth explanations of what is happening in Israel at this moment ranging from the legislative agenda to the protest movements including the role and opportunities for Diaspora Jews.
- MK Rabbi Gilad Kariv’s speech at the UnXceptable protest – Washington Square Park, NYC, March 19, 2023.
- A Proposal to Overhaul the Judiciary Is Roiling Israel. What Is the Plan? – New York Times The government says its plan is a much-needed reform to curb the influence of an overreaching judiciary; critics say it will undermine the country’s democratic institutions.
- By Isabel Kirshner
- Israel Needs Judicial Reform—but How? – Wall Street Journal Editorial Board The right may have to compromise. The left may have to calm down.
- What’s going on with Israel’s planned judicial reforms? – Jewish Unpacked “It’s our right to scream, it’s our obligation to scream, that’s how it is in a democracy.”
- By Sara Himeles
- Judicial Reform 101: What you need to know about the protests in Israel
- By Natasha Kirtchuk – i24 News
- Times of Israel Podcast – “What Matters Now?”
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Israel Policy Forum’s Judicial Legislation Tracker .This page tracks the various judicial overhaul bills being proposed by the Israeli government and will be continually updated.
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How to talk to Each Other about Israeli politics? There are of course many educational resources to use in speaking with one another and with students. The following is a list of educational resources to be used for creating a culture of courageous conversation:
- URJ’s 4 Hatikva Questions Curriculum
The curriculum is based on the framework of the 4 Hatikva Questions – “To Be”, “A People”, “Free”, “In Our Land,” taken from the penultimate line of Israel’s National Anthem “Hatikva”. It is a resource to address all of Israel’s complexities in a safe and thorough way, focusing on the Israeli-Palestinian conflict and religious pluralism in Israel.
It is available to all Reform Movement Institutions.
- URJ’s 4 Hatikva Questions Curriculum