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The “Supreme” Mess: Israel’s Necessary Defense of Democracy
In recent centuries, free societies have become the main system of governments throughout the world. Society’s shift away from monarchies/theocracies to representative governments was caused by a lack of consent from the ones governed. The French and American Revolutions caused by feudal power and unelected leaders imposing their will on their “subjects” are the two most famous revolutions which allowed democracy to spread throughout the world. Natural rights, including free speech/expression, religious liberty, elected government, etc. are all commonalities shared with democratic societies. The role of government in response to the “scarred” experiences of the past tyrannically fists of the “Old Regime” though, will foreshadow the chance of success for democracy.
Tuesday night ~100 people left Tel Aviv & started marching to Jerusalem in protest at Netanyahu govt’s judicial overhaul. It’s now 10s of thousands. They’ll arrive in Jlem this eve & their plan is to stay there thru Monday, protesting, a la Tahrir Sq pic.twitter.com/C3QzUIppIu
— Neri Zilber (@NeriZilber) July 22, 2023
Governments, like any system, claiming to play a fair game, have to be subjected to rules and systems of accountability to function. The system of checks and balances, allowing a multi-pronged government to co-exist equally with each other therefore is necessary. When such a system however is out of balance, the original dream of spreading free and democratic ideas dissipates. A society like North Korea technically has democratic elections but under the pretense of Kim Jong Un or else! Such a setup is laughable to the world; what’s not so laughable is tolerance of Western countries’ faults in the pursuit of democracy. Israel is one country of many, where such a reality exists.
In #TelAviv this evening thousands upon thousands show their support for the government and the proposed #judicialreform. The nation will not be silenced. Nor will we cower before threats and intimidation from a minority who will not accept the results of a democratic election. pic.twitter.com/KQeLLuY026
— OshyEllman (@oshyellman1) July 23, 2023
The State of Israel was founded on democratic principles, despite its socialist founders. The country had a “Declaration of Independence” from the British Mandate but did not have a constitution. Throughout the State of Israel’s existence, the issue of writing a constitution to stamp into law democratic ideals and human rights, has continued to haunt the country. However, to date, no official constitution has ever been written. The closest code of law resembling a constitution that Israel does have is “The Basic Laws”, which contains 12 clauses promoting liberty, freedom, and democracy. However, due to its unofficial constitutional nature, most of The Basic Laws can be amended by a simple majority vote in the Knesset, Israel’s parliament. The question of judicial oversight in response has therefore been debated throughout Israel’s modern history. Some legal minds in Israel have for decades considered The Basic Laws as a constitutional document, thereby viewing laws passed by the Knesset with The Basic Laws as a guide. However, despite those views, the issue has remained unsettled.
Watch Live: Activists Gather in Tel Aviv in Support of Judicial Reform – https://t.co/z1cpKr0vjH #Israel @TelAviv #judicialreform @netanyahu @IsraeliPM @KnessetIL #reasonableness @bezalelsm @AmichaiChikli @YoavKisch @dudiamsalem @kinneretbarashi @IMTIzionism @matanpeleg @IDF pic.twitter.com/RfoM8kztNU
— The Jewish Voice (@JewishVoice) July 23, 2023
As a result of the blurred lines of power in Israel’s democratic system, the judiciary has throughout the years taken powers subverting its fellow governmental body, the elected Knesset. The Supreme Court in Israel has stricken down laws due to their subjective view of a law being “unreasonable”, despite its legality. Another “democratic” practice of the Israeli judiciary branch is having unelected judges appoint other unelected judges and lawyers as their successors. The unchecked powers of the Israeli judiciary have given the Supreme Court unlimited powers to suspend democratic laws, to subvert the will of the majority without legal basis, and to suspend elected lawmakers from positions due to personal vendettas against them. The outrage against the unbalanced, unelected Supreme Court has for years spurred calls for reform. In a country with no constitution binding lawmakers to principles and democratic processes, the ability for reform becomes more available.
In light of the situation, the current elected government of Israel has rightfully pursued reform to rebalance the powers of Israel’s governmental democratic bodies.
The response to the government’s actions since the election of the new coalition has been met with protests, civil disobedience, obstruction, and disruption to Israeli society. For months, opposition lawmakers have led the way in protesting against what they consider undemocratic and a slippery slope to a “de facto dictatorship”. Opposition leaders have led protests blocking important highways thereby blocking traffic for families trying to get to work, school, funerals, weddings, flights, etc. all in the name of “democracy”. How is it possible though, to disrupt society against a duly elected government and to then put on a serious face claiming it’s all for “democracy”? How can one defend a court which invalidates laws based on their unelected, subjective opinion of what is reasonable? What is behind the opposition to the democratically elected government to reform the unbalanced Israeli judiciary? Is it a genuine sense to stand up for democracy or is it an attempt for power on behalf of the current government’s opponents?
תיעוד מירושלים: מכת”זית פוגעת ישירות במפגין pic.twitter.com/3iZ1WajGWW
— החדשות – N12 (@N12News) July 24, 2023
The Left’s power hold on Israel has existed from its inception. Though the efforts and goals were righteous and did a lot of good, Israel has changed politically since its modern rebirth in 1948. Israel’s left-leaning Labor Party used to be a dominant force in Israeli politics. It was so dominant that every Israeli Prime Minister for the first 29 years of Israel’s existence was in Labor. However, like all political systems, the tides of demographics cause change. In recent years, the once-dominant Left has fallen to historical lows. Labor now only holds 4 seats in the 120-seat Knesset. The rise of religious and conservative voters has allowed a major shift in Israeli government, with the current coalition consisting of the a variety of religious and nationalistic parties.
מחריד: לפני זמן קצר דריסת מפגינים בכביש 531. זה ייגמר בדם בסוף ולא נראה שיש מישהו שהולך לעצור את זה.
הנה ביבי קיבלת את מה שרצית, מרוצה עכשיו?? pic.twitter.com/nzGcSXzZFU— daniel amram – דניאל עמרם (@danielamram3) July 24, 2023
The Left’s fight for “democracy” is nothing but a smokescreen. Because of the demographic shift, the left is beyond terrified that the supreme court, which in their mind, is a bulwark of sorts, against the perceived onslaught of the right wing parties and in particular the religious Jewish block.
In reality, the chaos that has ensued in Israel and initiated by the left has little to do with judicial reform, but rather it represents the official launch in their war against religion, Torah and G-d. Yes, it is true that this malevolence against religion has been percolating for decades but now the left’s “watershed” moment has arrived. They were just waiting for an excuse to mobilize their secular, liberal constituency and their time has come. This is the left’s last ditch efforts to retain power but ultimately their strategy will fail as the numbers are on the side of the religious segment of the population in Israel.
We also might add that Israel’s Prime Minister is owed a debt of gratitude by not acquiescing to the leftist mobs and their bullying tactics, this time around. Despite the incessant pressure, despite US condemnations, Netanyahu was successful in implementing a modicum of integrity in the nation’s judicial system by fixing the broken checks and balances system. This fight is nowhere near over and our strength as a nation will be repeatedly tested. But if we join together and do that which is right, that which is legally called for and that which will reinstitute democracy as we know it, then all of us will prevail.
