Herzog decries coalition’s divisive judicial agenda, warns of harm to democracy
President’s warnings come as senior members of Netanyahu’s cabinet call to revive judicial overhaul, fire attorney general Gali Baharav-Miara
Sam Sokol is the Times of Israel's political correspondent. He was previously a reporter for the Jerusalem Post, Jewish Telegraphic Agency and Haaretz. He is the author of "Putin’s Hybrid War and the Jews"
President Isaac Herzog expressed deep concern over the impact of the government’s legislative agenda on Monday, stating during a speech at a state ceremony in southern Israel that he was “very worried” about the large number of bills currently being advanced by the coalition.
“This wave of legislation in the Knesset touches our democratic foundations — from the courts, to the judicial system, to law enforcement, to civil rights in elections and, in general, to the independence of the media, academia, and so on,” Herzog told a state memorial ceremony for the late prime minister David Ben-Gurion in southern Israel.
“We must understand the enormous challenge we face, and the truth is that I am very concerned about what has been happening to us recently,” Herzog declared — calling on elected officials and political leaders to “lower the flames and do everything to reach understandings and agreements,” rather than pushing through far-reaching measures without a responsible and reasoned discourse.
And while Israel’s constitutional structure is “not perfect” and “there is a lot to improve in many areas,” now is “not the time” for such changes and “any irresponsible shaking up of the delicate democratic fabric that we have built here…especially now, in the midst of the war, is a threat to our national resilience and our unity,” he added.
Critics have pointed to a number of controversial initiatives by the coalition — including moves to allow the Knesset to appoint the state ombudsman for judges, fire ministerial legal advisers, and allow the justice minister to determine the rate of bar association membership dues — as evidence that it seeks to revive the judicial overhaul agenda frozen at the beginning of the war in Gaza.
Herzog — who has previously described the overhaul as a danger to Israeli democracy — was involved in ultimately fruitless negotiations aimed at brokering a compromise between the coalition and opposition last year.
Levin, one of the primary movers behind recent efforts to oust Attorney General Gali Baharav Miara, has explicitly called to revive the overhaul, which sought to curb the High Court of Justice’s power of judicial review.
He has been joined by Communications Minister Shlomo Karhi, who last month declared that the government has the right to carry out “regime change” in Israel, and do away with long-established norms and procedures, since it was elected by the public.
Additional recent legislative initiatives supported by Karhi include bills to grant the government oversight of television ratings data and to privatize the Israeli Public Broadcasting Corporation and Army Radio — moves that are seen as targeting outlets critical of the government and benefitting a channel that staunchly supports it.
Journalists railed against Karhi’s media bills during a meeting called by Opposition Leader Yair Lapid in the Knesset last week, arguing that they felt that they were under “very sharp attack” by the government.
The leaders of Israel’s opposition have warned against trying to revive the overhaul, with National Unity chairman Benny Gantz vowing in late November that “we will not allow a coup to be carried out under the cover of war.”
“Arrogance, intoxication with power, contempt, and smugness have returned. The coup d’état is on the table,” Gantz told reporters ahead of his party’s weekly faction meeting in the Knesset on November 25.
“It ended very badly last time. It will end very badly this time too,” Gantz said at the time, calling on Netanyahu to take responsibility and halt the government’s plans before they “end in disaster.”
According to a poll released by the Israeli Democracy Institute last week, 6 in 10 Israelis are concerned for the future of democratic governance in Israel.
Asked about their views on the revival of parts of the overhaul, 56 percent of respondents indicated that they believe it is wrong to advance such an agenda “against the backdrop of the continuing war and the need for social cohesion,” down from a larger majority of 65% this May.
