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Netanyahu’s Plan for Reforming the Supreme Court Is Anything but Undemocratic

Benjamin Netanyahu has put two bills before the Knesset that would curb some of the outsized power of Israel’s supreme court. The first would give elected officials greater say in the appointment of new justices. The second would place limits on the court’s ability to overturn laws passed by the Knesset. Some prominent Israelis have criticized these proposals as limits on the independence of the judiciary or even assaults on democracy itself. They are neither, writes Evelyn Gordon:

[The second] bill would . . . bar the court from overturning a law . . . unless at least nine justices—a mere 60 percent of the court’s complement of fifteen—deem the law unconstitutional. And that’s excellent policy. . . .

[I]if the court itself is almost evenly split over a law’s constitutionality, there’s clearly more than one plausible legal interpretation. And if there’s more than one plausible interpretation, it makes sense to prefer the one chosen by the Knesset, the body that actually wrote the Basic Laws that the court (wrongly) treats as Israel’s constitution. When serious doubt exists about the “correct” interpretation—which it clearly does if less than 60 percent of the court concurs—the lawmakers should get the benefit of this doubt. . . .

This brings us back to the straw man of the court’s independence. Judicial independence is indisputably essential; a country where courts merely obey government dictates is a dictatorship, not a democracy. Hence by claiming that Netanyahu’s proposals would undermine judicial independence, his critics seek to tar them as something no democracy could countenance.

But what these critics are really trying to protect isn’t the court’s independence but its excessive power—a power, without parallel in any other democracy, by which justices first choose their own successors to create an ideologically uniform court, then seek to impose this ideology on the country by asserting a right to overturn government decisions and/or [Knesset] legislation on virtually every important policy issue. . . . All the proposed reforms would do is return a tiny fraction of this power to the people’s elected representatives. And Israel’s democracy would be the greatest beneficiary.

Read more at Evelyn Gordon

More about: Benjamin Netanyahu, Israel's Basic Law, Israeli democracy, Politics & Current Affairs, Supreme Court of Israel

The Summary: 10/7/20

Two extraordinary events demonstrate something important about Israel’s most fervent adversaries. One was a speech given at something called The People’s Forum (funded generously by Goldman Sachs), which stated, “When the state of Israel is finally destroyed and erased from history, that will be the single most important blow we can give to destroying capitalism and imperialism.”

The suggestion that this tiny state is the linchpin of a global, centuries-old phenomenon like capitalism goes well beyond anything resembling rational criticism. Even if Israel were guilty of genocide, apartheid, and oppression—which of course it is not—it would not follow that its destruction would help end capitalism or imperialism.

The other was an anti-Israel protest that took place in front of New York City’s Memorial Sloan Kettering Cancer Center, deemed “complicit” in Israel’s evils. At organizers’ urging, participants shouted their slogans at kids in the cancer ward, who were watching from the windows. Given Hamas’s indifference toward the lives of Gazan children, such callousness toward non-Palestinian children from Hamas’s Western allies shouldn’t be surprising. The protest—like the abovementioned speech—deliberately conveyed the message that Israel is the ultimate evil and its destruction the ultimate good, cancer patients be damned.

The fact that Israel’s adversaries are almost comically perverse does not mean that they can be dismissed. If its allies fail to understand the obsessive and irrational hatred that it faces, they cannot effectively help it defend itself.

Read more at Mosaic