Israeli Prime Minister Benjamin Netanyahu on Monday called the parliament’s approval of a key measure of his right-wing government’s controversial judicial reform a “necessary democratic step”, reports AFP.

Benjamin NetanyahuPhoto: RONEN ZVULUN / UPI / Profimedia

“The purpose of this step is to restore the balance between powers (…), we are putting (this measure) to a vote so that the elected government can carry out policies according to the decision of the majority of citizens,” Netanyahu said in a televised speech.

Criticized by the White House

The White House on Monday described as “sad” the Israeli parliament’s approval of a key measure in the judicial reform project proposed by the right-wing government, a project that US President Joe Biden has openly criticized for months, AFP reported.

“It’s unfortunate that today’s vote came with such a slim majority,” US executive spokeswoman Karin Jean-Pierre said in a statement, calling for “broader consensus building” on the issue, which has sparked a large protest movement in Israel.

“A longtime friend of Israel, President Biden has publicly and privately stated that major changes in democracy require the widest possible consensus,” the spokeswoman added.

The United States, Israel’s main ally, “continues to support the efforts of the President of Israel (Isaac Herzog) and other Israeli leaders” to find common ground, the statement continued without mentioning Prime Minister Benjamin Netanyahu. Biden welcomed President Herzog to the White House last week.

The reform, backed by Israel’s coalition government between Netanyahu’s right-wing party and ultra-Orthodox and far-right Jewish parties, aims to strengthen the power of elected representatives over the power of the judiciary.

Benjamin Netanyahu’s government believes it is necessary to ensure a better balance of power, but his critics see this as a threat to democracy.

Joe Biden told Axios on Sunday that the reform has divided people.

Lawyers in Israel (Photo: Oded Balilty / Associated Press / Profimedia Images)

Neither mass protests nor warnings from the opposition, unions, civil society or the US ally finally stopped Netanyahu’s coalition, the most right-wing in the country’s history, which passed the law after nearly 30 hours of non-stop debate in the Knesset.

The law was passed by 64 votes to 0 after all 56 opposition MPs walked out of the chamber in protest at the failure of last-ditch negotiations to reach a compromise. About 20,000 people demonstrated near the parliament during the voting.

“We have taken the first step in the historic process of correcting the judicial system,” said Justice Minister Yariv Levin, who came to the Knesset for the vote.

Rate of law passed by the Israeli parliament

The law, which is part of a broader package of judicial reforms prepared by the Netanyahu government, targets the ability of courts to review the “reasonableness” of decisions made by officials.

The text of the law prohibits the courts from exercising any control under this legal principle over the decisions of the government or ministers, including in relation to appointments or the exercise of powers.

The law is believed to have been drafted as a tribute to Aryeh Deri, head of the ultra-Orthodox Shass party, whom Netanyahu promised the position of interior minister during government talks.

Justice Minister Yariv Levin unveiled a legislative package to reform Israel’s judicial system on January 18, a day before the Supreme Court began hearing a petition against Deri’s appointment. Opponents of his appointment complained that it was unreasonable and should be overturned because Dery was convicted of tax fraud last year after being convicted of bribery in 1999.

In addition, in order to receive a suspended sentence, Dery entered into an agreement with the prosecutor’s office in which he undertook to withdraw from public life. But after the sentencing, he publicly denounced the deal, accusing himself of being the victim of a political investigation.

On January 18, the Supreme Court of Israel declared his appointment invalid. In their decision, the Israeli judges referred to the “unfoundedness” of his appointment due to his corruption convictions.

Netanyahu’s allies do not want to compromise on justice laws

Last-minute talks on Monday to amend the bill or replace it with one of two compromise options proposed by Israeli unions and President Yitzhak Herzog broke down after Netanyahu’s coalition rejected the proposals.

Although he has his own problems with justice, he is believed to have been in favor of a compromise. But the extremist parties, which together with Likud are part of the ruling coalition, strongly oppose any improvements to the proposals in the legislative package.

Far-right parties have campaigned for years to change Israel’s judicial system, accusing the High Court of judicial activism that favors left-wing measures.

Other laws in Yariv Levin’s package are mostly aimed at limiting other powers of the country’s Supreme Court. Because Israel has a unicameral parliament and a ceremonial president, the Supreme Court is essentially the only institution that can block government laws or decrees.

It also plays a role that in other countries is usually split between the two courts, being also an appeals court and the equivalent of a constitutional court in a setting where Israel does not have a written constitution.