Tel Aviv:Former Israeli Prime Minister Benjamin Netanyahu is set to return to office, from where he could try to make his years-long legal troubles disappear through new legislation advanced by his far-right and ultra-Orthodox allies. Critics say such a legal crusade is an assault on Israel's democracy. Netanyahu, 73, who is on trial for corruption, will likely be buoyed by a loyal and comfortable governing majority that could grant him a lifeline from conviction.
Defenders of the justice system say the proposed changes would allow legislators to abuse their authority and disrupt the tenuous balance of powers that keeps them in check. It brings us to a situation where our entire democracy boils down to elections, but once you are elected you can do whatever you want, said Amir Fuchs, senior researcher at Jerusalem's Israel Democracy Institute think tank. It is not a normal situation in any democracy.
Israel's right wing has for years sought to change the justice system, portraying it as an interventionist and left-leaning roadblock to its legislative agenda. The makeup of the expected coalition now clears a path for such changes. Netanyahu is on trial for fraud, breach of trust and accepting bribes in three scandals involving wealthy associates and powerful media moguls.
He denies wrongdoing and has portrayed himself as a victim of a witch hunt by law enforcement and the justice system. Netanyahu's political rivals say such allegations of purportedly politicised prosecutors and judges are part of a campaign to erode the public's faith in the legal system and ultimately weaken it.
Netanyahu has claimed that proposed legal changes would not impact the outcome of his trial. While on trial, he is bound by a conflict of interest arrangement limiting his dealings with the justice system, although it is unclear if that will be enforced. Here's a look at the legal maneuvers that could help Netanyahu:
The Override Clause
The most contentious change would target Israel's Supreme Court in what critics say is a direct blow to Israel's democracy. Netanyahu's partners say the Supreme Court steps in far too often to throw out right-leaning laws. They say voters choose their lawmakers to create legislation and having the Supreme Court challenge those laws is an affront to the people's choice.
Israel has no constitution, relying instead on a set of basic laws that enshrine rights and freedoms. The courts are tasked with verifying that legislation measures up to those laws. The Supreme Court is seen as the final recourse for minorities and other groups challenging legislation they perceive as discriminatory.
The override clause, expected to be among the coalition's first steps, would allow the government to treat some decisions by the Supreme Court as nonbinding. Under the proposal, still being negotiated, the coalition could override rulings with any majority, giving the governing bloc overwhelming power to disturb Israel's system of checks and balances.
Yaniv Roznai, a law professor at Reichman University near Tel Aviv, said that once the override clause is passed, the government could approve other changes in the law that could clear Netanyahu.
The French Law
Netanyahu's allies plan to craft a law that would postpone the prosecution of a sitting prime minister for alleged crimes until he leaves office. It's dubbed the French law because in France, sitting presidents are immune from prosecution. Sitting Israeli prime ministers can be prosecuted. But unlike in France, Israeli leaders have no term limits, meaning the shield of immunity could possibly last for years.