Taking an idea from Yishai Friedman of Shvi'i, here is a contribution to understanding how we in Israel got to where we are in the summer of 2023:
Timeline
1980
Aharon Barak, appointed as a Supreme Court Justice in 1978, employs for the
first time the Reasonableness Standard that would justify a governmental
institution decision
1986 Ressler case and
Barak devoted twenty-five pages to the issue of justiciability and delineated
two classic categories of justiciability, normative and institutional. By doing
away with institutional non-justiciability, Barak challenges the common
conception of the separation of powers.
1992
In March, the Knesset passes two basic laws aimed at protecting human rights:
Basic Law: Freedom of Occupation and Basic Law: Human Dignity and Liberty. Both
those basic laws contain a “limitation clause”: “One is not to violate the
rights in accordance to this Basic Law save by means of a law that corresponds
to the values of the state of Israel”. Pre-1992 legislation was shielded from
constitutionality review. Criticism
maintained that the 1992 basic laws did not really authorize the Court to
strike down legislation as this was allegedly not the legislative intent and
because the laws were adopted were not sufficient to afford them with
constitutional status superior to ordinary legislation. (For instance, Basic
Law: Human Dignity and Liberty was supported by 32 members of the Knesset, and
21 members opposed it—most members did not vote. Basic Law: Freedom of
Occupation was adopted by 21 members without opposition.) Moreover, the review
involves value judgments and those should be decided by democratically elected
representatives and not unaccountable judges.
1995 Barak, then president of the Supreme Court,
announced that a constitutional revolution, a phrase he coined, was taking
place in Israel based on his own interpretation of the Basic Laws enacted by
the Knesset in 1992 as having the force of a constitution. Since then the
Supreme Court has struck down 22 laws that were enacted by the Knesset. It
intervened in decisions of the Israeli security agencies and even invalidated
administrative decisions of the Israeli government and its ministers. All
this was done without any legal basis; that is, without the consent of the
Knesset, which is solely invested with the power to draft and adopt a
constitution.
November
9, 1995 the landmark case United Mizrahi Bank v.
Migdal when the Supreme Court declared that basic laws are superior to regular
laws and declared it may strike down Knesset statutes that are incompatible
with the terms of the limitation clauses in the two basic laws from 1992. It
would do so based on an evaluation process consisting of three main stages: if
there is an infringement of a constitutionally protected right with an
expansive interpretation of constitutional rights necessary for a dignified
existence. If a protected right has been infringed, the second stage is whether
the infringement was grounded in legislation that corresponds to the values of
the state of Israel (defined in the two basic laws from 1992 as Jewish and
Democratic) and serves an appropriate purpose. The third stage is the
“proportionality” stage, i.e., if the harm to
constitutional rights does not outweigh the social gains achieved by the
reviewed law. If the harm clearly exceeds the gains, the law will be
invalidated.
February 14, 1999 an
estimated 350,000 Haredi demonstrators called on the justices not to interfere
in matters of religion.
2015 Elections. Seven months later, investigation of Gidi Wetz on Netanyahu's influence on Walla! News site. It will develop into Case 4000 (see below). In August, demonstrations against the gas deal led by Orly Bar-Lev, Gonen Ben-Yitzhak and others.
2016
Police open investigations into Case 1000 (benefits from Milchen and Parker);
Case 2000 (Netanyahu and Noni Mozes of Yedioth Ahronot); and Case 3000 (the
submarine affair). Attorney-General Avicahi Mandleblit was under pressure of
weekly demos at his Petah Tikva house to authorize, as per law, investigations
of a sitting Prime Minister.
June
2017 Case 4000 (Eluvitz and Netanyahu charged for favorable financial terms for
Bezeq purchase, in essence, bribery). Later that year, the "Balfour
Protest" erupts. August Ari Harow turns state's witness after incarceration.
September Supreme Court annuls, again, amended Mobilization Law.
2018
Shlomo Filber, former Director-General of the Telecommunications Ministry turns
state's witness after incarceration. Avigdor Lieberman leaves the coalition.
Yair Lapid refuses to vote for an additional Mobilization Law.
2019
April – Knesset elections. September – second round of elections. November
21 – Attorney-General Avichai Mandelblit charges Netanyahu with behavior of bribery, fraud, and breach of trust.
2020
– March – elections for 23rd Knesset. Unity government formed.
"Black Flags" demonstrations begin led by siblings Yarden, Shikma
(Bressler) and Eyal Schwartzman.
October
- Amit Segal leaks tape of Attorney-General Mandelblit implying he was being blackmailed
to tailor a case against Netanyahu thus feeding supporting an unsubstantiated
conspiracy theory that the attorney general had been blackmailed by the State Attorney
Shai Nitzan. Government fails to pass the budget, Netanyahu rather than passing
premiership to Gantz calls for elections.
2021
– March 23 elections held but only in late May was a coalition formed when
Netanyahu failed and then Bennett's Yamina joined with Bennett, with 6 seats,
becoming first of a new prime minister rotation agreement. In May, Arab-Jewish
mixed-city riots broke out. Black Flags demos halt whereas rightwing
demonstrators pressure Yamina MKs.
2022
– April 6 MK Idit Silman resigns leading to elections which took place on
November 1, the fifth round in four years. According to the rotation agreement,
upon the dissolution of the Knesset, Yair Lapid became Prime Minister on July
1. The new coalition was represented by 64 MKs. In December, opponents of the
new coalition began to meet to plan grassroots campaign of demonstrations.
2023
– January 3 – Yariv Levin, Justice Minister, announces elements of a judicial
reform legislation. January 14 – protests begin.
18 comments:
This historical timeline sheds light on the evolution of Israel's legal landscape, particularly in relation to the judiciary's influence and the challenges faced over the years. It's fascinating to see how these developments have shaped the country's political and legal dynamics.
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