Q&A: Why are people protesting in Israel and what happens next?

What exactly happened on Monday?

The Knesset parliament passed a law preventing the supreme court from overruling government actions it considers unreasonable.

How might this impact government appointments?

The new law will allow the government to appoint officials without any judicial review. A case in point is prime minister Binyamin Netanyahu’s desire to appoint his key political ally Arieh Deri, the leader of the ultra-Orthodox Shas party, as a minister. Deri has served a prison term for tax fraud, bribery and breach of trust. Monday’s Knesset vote paves the way for Deri’s reappointment as a minister.

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How might this impact policy?

It will be more difficult for the court to block illegal settlement expansion in the occupied West Bank. Laws granting unfavourable advantage to ultra-Orthodox Jews, such as exemption from the military draft, will be permitted.

What next?

Opposition parties and non-governmental organisations have petitioned the high court against the law that was passed on Monday. It is not clear how the court will rule. If it overturns the new law, Israel will be in unchartered waters, facing its biggest constitutional crisis.

And if the law stands?

Members of Netanyahu’s coalition, the most right-wing in Israel’s history, have vowed to press ahead with other elements of the judicial overhaul once the Knesset reconvenes in October. Topping the agenda is changing the make-up of the judicial selection committee to give the government control over appointing judges. Another element is turning government legal advisers into political appointees. The coalition also wants to weaken the attorney general by splitting the role into two: a chief government legal adviser and a chief prosecutor.

Why is the judicial overhaul so controversial?

Israel has no constitution and a unicameral parliament. The system of checks and balances requires an independent and robust judiciary. Emasculating the judicial branch shifts the balance to the executive, which already effectively controls the legislature, leaving all the power in the hands of the prime minister. Opponents argue that under such circumstances Israel changes from a democracy to a partial dictatorship, akin to Hungary or Poland.

What do supporters of the judicial reform claim?

All the coalition parties support moves to weaken the judiciary, which is criticised as an unelected bastion of a privileged, left-wing elite which votes consistently against the wishes of right-wing governments, for example on questions of religion and state and human rights. In recent decades the supreme court has adopted a policy of judicial activism, making it the dominant branch of government.

Is this connected to Mr Netanyahu’s corruption trial?

Netanyahu is facing charges of bribery, fraud and breach of trust in three separate corruption trials. He denies all the charges against him and claims there is no connection between an ongoing trial and the judicial overhaul. Opponents claim he wants to weaken the judiciary, fire the attorney general and appoint a replacement who will either cancel the trial or push for a favourable plea bargain settlement.

What might happen if the judicial overhaul is enacted?

The impact is already being felt in three main areas: the military, the economy and Israel’s international standing.

Thousands of military reservists have already declared that they will no longer answer call-up orders. These include key air force personnel and soldiers from elite combat and intelligence units.

Israel’s thriving high-tech sector has already taken a significant hit. Foreign investment is down. The stock market has fallen and the shekel has weakened. It is likely that Israel’s credit rating will be reduced.

US president Joe Biden has made clear his opposition to unilateral measures undermining Israeli democracy. He is unlikely to invite Netanyahu to the White House under such circumstances.

Is compromise possible?

Netanyahu promised on Monday night that the coalition would try to reach a broad consensus on further judicial legislation. He accused the opposition of rebuffing all of the compromise proposals that the coalition had put forward. The opposition made the same accusation against him. The mutual accusations highlight the total lack of trust between the sides. Justice minister Yariv Levin and the right-wing coalition parties will not permit significant concessions.