What is Israel's controversial legal reform plan?

Israeli lawmakers met on Monday to discuss contested government plans to give deputies more control of the judicial system, as tens of thousands rallied outside parliament against the proposals.

Prime Minister Benjamin Netanyahu and his allies in the government, the most right-wing in Israel's history, say the reforms are necessary to correct an imbalance that has given judges too much power over elected officials.

Supreme Court President Esther Hayut has branded the proposed reforms an "unbridled attack" against justice, in a rare public rebuke.

“Netanyahu, Sarah, this is not Hungary” demonstrators chant - thousands of people walking toward Israel’s parliament Knesset to demonstrate against the government’s plan to significantly weaken and politicize the Supreme Court pic.twitter.com/Xigl51bL0v

— Jotam Confino (@mrconfino) February 13, 2023

Here are the main elements of the package of reforms proposed by Justice Minister Yariv Levin:

Override clause

Critics of Israel's top court have argued that judges have exceeded their authority by claiming the right to strike down legislation.

They say judges have exercised this right through an erroneous reading of the so-called Basic Laws, Israel's quasi-constitution.

In response, the Netanyahu government wants to implement an override clause which, if passed, would allow parliament to overrule any Supreme Court decision with the support of 61 lawmakers in Israel's 120-member parliament, or Knesset.

Opponents have warned this measure would give the legislative branch nearly unchecked authority.

Naming judges

Netanyahu's coalition also wants to change the system through which judges are appointed, giving the government a de facto majority in the nomination process.

Currently, top jurists are chosen by a panel overseen by the justice minister that includes judges, lawmakers and lawyers representing the Israeli Bar Association.

Under Levin's plan, the bar association members would be removed from the process, with his office naming two "members of the public" to sit on the panel instead.

Parliament would also hold public hearings on Supreme Court nominations.

Sitting judges would still be on the panel, as would another Israeli minister.

incredible speech by Israel's president Isaac Herzog against Netanyahu's attempts to control the legal system:

“We are no longer in a political debate but on the brink of constitutional and social collapse.” https://t.co/Z8f397Jd67

— Henry Mance (@henrymance) February 13, 2023

'Reasonability', legal advisers

Levin's plan would also prevent judges from using the so-called "reasonability" clause to strike down legislation.

Critics of the court, notably on the right, point to this as among the gravest examples of judicial over-reach.

In the recent high-profile decision to prohibit a Netanyahu ally from serving in cabinet, some Supreme Court judges said it would not be "reasonable" for Aryeh Deri to join the government as interior and health minister, given his previous conviction for tax evasion, even if there was no law that directly barred him from serving.

The ruling infuriated the government. Netanyahu was forced to fire Deri, but criticised judges for overruling the will of voters.

Levin also wants to curb the authority of legal advisers attached to government ministries. Currently, their guidance has quasi-legal force, as Supreme Court judges cite it when ruling on the propriety of government actions.

Levin says such guidance should be clearly categorised as advice, not binding. Critics of the plan condemn that as another example of the Netanyahu government trying to diminish the authority of civil servants.