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OPINIONS

Tue 28 Jan 2025 9:52 am - Jerusalem Time

Constitutional crisis in Israel



A constitutional and judicial crisis in Israel over the appointment of Judge Yitzhak Amit as President of the Supreme Court is due to Justice Minister Yariv Levin's rejection of the appointment, which has led to escalating tensions between the executive and judicial branches in the country.

Potential impacts of this crisis may include:

1. Suspending the work of the Supreme Court: The court can cancel laws passed by members of parliament if it finds that they conflict with the country’s basic laws.

2. Escalation of political tensions: This crisis could lead to internal unrest and disrupt efforts to reach peace agreements.

3. Impact on public confidence: This may lead to a loss of confidence in the institution of the Supreme Court and the judiciary in general.

Netanyahu and Justice Minister Yariv Levin's insistence on changing the judiciary is due to several reasons:

1. Restoring the balance between powers: The Israeli government sees the judicial amendments as aimed at restoring the balance between the executive, legislative and judicial powers. They believe that the Supreme Court interferes too much in political affairs and puts minority rights ahead of national interests.

2. Appointing judges: The proposed amendments give MPs greater power to appoint judges, which would increase the government’s influence in this area. This could help appoint judges whose orientation is in line with government policies.

3. Reducing the powers of the Supreme Court: The amendments aim to limit the powers of the Supreme Court to issue rulings against the legislative and executive branches. This could reduce the court’s ability to strike down laws passed by the Knesset.

4. Supporting democracy: Netanyahu and his allies believe that the judicial amendments will strengthen democracy in Israel by achieving a greater balance between powers and supporting businesses.

5. Criminal Cases: There are accusations that Netanyahu is seeking to exploit pressure on the judiciary to freeze or cancel his trial on corruption charges, which the prime minister denies.

Levin has been holding up the election process for a Supreme Court president for more than a year, in an attempt to prevent the appointment of Yitzhak Amit. Israel’s justice minister, who led the judicial coup behind the scenes, boycotted a meeting of the Judicial Appointments Committee in protest that the Supreme Court had forced him to hold the meeting. This boycott would make it difficult to administer the justice system and appoint additional judges.

Following the election, Levin wrote to the court administrator, saying: “I do not recognize Yitzhak Amit as president of the Supreme Court, and the procedures by which he was elected are fundamentally flawed and illegal.”

These reasons reflect the political and social tensions in Israel and illustrate the complexity of the current situation.

The constitutional and judicial crisis in Israel due to the appointment of Judge Yitzhak Amit as President of the Supreme Court may lead to a street split, if the disputes between the executive and judicial authorities continue. This crisis led to an escalation of political and social tensions in the country before the war, and now the division has increased, widening the gap between the different parties, and the lack of recognition of the judiciary is the beginning of the division. Will Netanyahu succeed in dismissing Levin? Or will the circle of civil war expand?

* Specialized in Israeli affairs

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Constitutional crisis in Israel