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Desperate Herzog’s judiciary reform plan is dead on arrival

President finally launched his proposals for constitutional change in the knowledge that the government had already rejected it

March 16, 2023 11:46
Isaac Herzog F230313AVS09
Israeli President Isaac Herzog attends a Honorary Citizenship Ceremony in Tel Aviv, March 13, 2023. Photo by Avshalom Sassoni/Flash90 *** Local Caption *** טקס אזרחות כבוד תל אביב עיר נשיא המדינה יצחק הרצוג
4 min read

Isaac Herzog was desperate.

After two months of trying to build a series of ladders which would allow the two sides of the deepening political divide to climb down, he was finally launching his detailed proposals for constitutional change, in the knowledge that the government had already turned it down.

As he addressed the nation on Wednesday night, the third time since the crisis began, he warned: “I’m about to say words I’ve never said before.

"If anyone thinks that a real civil war, including bloodshed, is a line that we will never cross, they don’t know what they’re talking about.”

As the speech ended, his proposal went online.

It gave the coalition quite a bit: more control over the appointment of new judges, more limits on the Supreme Court’s powers to intervene in government policy and set a bar of two-thirds of the bench when disqualifying the Knesset’s legislation.

Herzog gave up weeks ago trying to convince the opposition of his intentions.

The different centre-left parties are suspicious of each other reaching a deal behind their backs and have so far stuck to a joint line that they won’t enter talks until the government publicly suspends the legislation. And that’s just the official opposition.

The real opposition now is the protest movement on the streets and their position is that “we won’t compromise on democracy”.

The president’s next step was to focus on the coalition instead.

He had a breakthrough when he managed to get a group of constitutional experts from the liberal mainstream of Israeli academia to sit down with members of the Kohelet Policy Forum, the conservative think-tank which hatched large parts of the government’s “legal reform”, to sit down and work on a compromise which formed the basis of Wednesday’s proposal.