The Illogical Hysteria of Polarizing Ideologies

"In a society as ideologically, socially and religiously diverse as Israel, the parliamentary process is the only way to achieve compromise and modus vivendi."

"Three decades of judicial high-handedness has created clear winners and losers, and has brought the country to the boiling point."

"Judicial reform is essential to return democratic power to Israel's citizens."

Russell Avraham Shalev, lawyer/researcher, Kohelet Policy Forum

"Fulfilling the will of the voter is by no means the end of democracy, it is the essence of democracy." "[The passage of the law is] a necessary democratic move."

Israeli Prime Minister Benjamin Netanyahu

Israel's Prime Minister Benjamin Netanyahu, center, is surrounded by lawmakers at a session of the Knesset, Israel's parliament, in Jerusalem, Israel, Monday, July 24. Maya Alleruzzo/AP

In the Netanyahu government, the newly sworn-in justice minister Yariv Levin announced a proposal to reform the Israeli judicial system after three decades of the Supreme Court of Israel's self-entitled blatant political power grabs. In most democratic countries of the world the federal judiciary is tasked with interpreting national law and reviewing important national issues of justice. It is left to the elected government of the day to actually make new laws and uphold existing laws. 

The announcement resulted in an immediate backlash from the left-wing population of this country of diverse views and strong opinions. Large waves of dissenting protesters have taken to the streets to commit acts of civil disobedience claiming that the new government which had ushered out its left-wing predecessor government, was planning to de-democratize the nation and they wouldn't stand for it. The government stuck to its intention and the demonstrations became louder, larger and more undisciplined.

It is, in fact, the social activism of a largely left-leaning court that has unilaterally interfered with the legitimate work of duly democratically elected governments that have altered the democratic nature of the country at its fullest, when the court could demand that the government obey its decision-making, overriding the decisions made by government itself.

In essence that democratic deficit has succeeded in curtailing Israeli citizens' political rights originating from the 1990s "constitutional revolution" led by the then-Supreme Court president to the point where policy values and disagreements become resolved by judicial fiat, elected officials consigned to a secondary role. Based on the Westminster system of parliamentary supremacy, courts lack the power to strike down laws.

A small minority of Knesset members in a lame duck government in 1992 passed a narrow bill affirming Israel's commitment to human rights known as Basic Law: Human Dignity and Liberty; a private member's bill. Knesset members were assured by the bill's proponents it would not endow the court with power to strike down laws.

Once the bill was passed, however, the Supreme Court declared Israel had given itself a judicially created constitution, for based on the Basic Law text, the court was free to dictate Israel's immigration, security and economic policy; no field was left out of the court's domain. The result is certainly unique, for there is no parallel anywhere in the world for such a court with the power of constitutional review lacking an actual constitution.

Unique also among democratic nations, Israel's Supreme Court justices have veto over their successors; such veto prevents selection of any potential jurists who may seek to challenge the philosophy of the reigning activist justices. The most serious of institutional coups of the Israeli Supreme Court is the conferral on the attorney general of veto power over government; Israel's AG, a civil servant, is able to prohibit government policy or action.

In its planned reform proposal the Netanyahu government plans to restore badly needed balance to Israel's branches of government, in the process guaranteeing equal and consistent rules for both left and right. It has been explained in good faith to the opponents to the plan both in the Knesset and the protesting public at large from every sphere of society that the democratic nature of the nation will be enhanced, not impaired. 

 

A person stands in front of an Israeli police water cannon being used to disperse demonstrators blocking a road during a protest against plans by Prime Minister Benjamin Netanyahu's government to overhaul the judicial system, in Jerusalem, Monday, July 24, 2023. Israeli lawmakers on Monday approved a key portion of Prime Minister Benjamin Netanyahu's divisive plan to reshape the country's justice system despite massive protests that have exposed unprecedented fissures in Israeli society. (AP Photo/Ariel Schalit)

 

The unreasoning passion of the left will not be appeased, nor will it listen to reason or reasonable debate. Each planned protest whips up public emotions while demolishing the clarity of reason for those who are certain of the justice of their demands that the 30-year imbalance and unreasonable switch between government and the Supreme Court be left untouched in the interests of honouring Democracy. They willfully fail to realize or wish to understand they are supporting the reversal.