Beautiful Virgin Islands

Friday, Jul 26, 2024

0:00
0:00

Who’s Threatening Israeli Democracy?

Wall Street Journal, The Editorial Board
Israel’s Supreme Court makes the best case for its own reform.

Every time a right-wing government wins an election these days, the immediate refrain from the dominant global media is that it’s a threat to democracy. Israel’s new government led by Prime Minister Benjamin Netanyahu is getting this treatment now, and a brawl over that country’s Supreme Court illustrates why the issue is more complicated than the media narrative.

Israel’s Supreme Court has more power than America’s but without the democratic checks. Unbound by any constitution, and loosed from requirements of standing and justiciability, Israel’s court strikes down laws that it finds merely “unreasonable,” which can cover most anything. Israel’s court even has a veto on the appointment of new justices, in contrast to the U.S. where the President and Senate share the appointment power.

On Wednesday the Israeli Supreme Court revoked the appointment of Aryeh Deri, leader of the Shas party, as a senior cabinet minister. The court can point to no law that keeps Mr. Deri out of the cabinet, but it still decided to abrogate the democratic process, decapitating the new coalition government that made court reform a campaign issue. U.S. national security adviser Jake Sullivan raised concern about those reforms with Mr. Netanyahu in a meeting Thursday.

The court ruled it “unreasonable in the extreme” to appoint Mr. Deri to the cabinet, citing his 1999 graft convictions and 2022 suspended sentence for tax offenses. Yet many voters evidently found it reasonable to return Mr. Deri, a tribune of working-class Mizrahi Jews from Arab lands, to office, as did the Prime Minister who appointed him. The court may be making the sounder judgment on character, but in a democracy that decision is left to voters and the politicians they elect.

Under a previous law, Mr. Deri would have been barred from leading a ministry for seven years after his suspended sentence. But the Knesset recently amended that law to apply only to those who serve prison time. By vetoing the appointment anyway, the court interferes with the power of the people to pick their leaders, via a legislature that makes the law and an executive who fills out the cabinet.

The justices also argued that Mr. Deri’s prior statements to a court suggesting he was retiring from politics might have influenced his sentencing. Well, politicians lie, and political retirement wasn’t a condition of his plea deal. If it had been, there could be a criminal remedy, not a political one.

Mr. Deri now has to resign or be dismissed. The coalition would crumble if his Shas party withdraws, but if cooler heads prevail, they will find opportunity. With this action, the court has provided clear evidence of its overreach, making the best argument for the Israeli right’s judicial reforms.

The wisdom of the reform proposals varies, but it isn’t “antidemocratic” to think Israel’s Supreme Court needs democratic checks on its power. The danger is that the court will next reject as unreasonable any reforms to the court itself. Eminences in the West might cheer such a move all the way to a constitutional crisis. They would do better to concede that Israeli democracy has proved to be resilient, often under the most trying circumstances. If the Netanyahu government overreaches, the voters will get their say again.


Article by the Wall Street Journal, The Editorial Board

Pictures by the Democracy for Israel Movement 


# Yariv Levin # Amir Ohana # Shlomo Karhi # Daniel Friedmann # Ruth Gavison # The Reagan Institute # Louis D. Brandeis Center for Human Rights

Comments

Daniel 2 year ago
Shame on Israel’s Supreme Court!!
Oh ya 2 year ago
Nuttynatzoo is like a bad rash. It never seems to go away.

Newsletter

Related Articles

Beautiful Virgin Islands
0:00
0:00
Close
Israel Warns France of Iranian Threats at Paris Olympics
Possible Successors to Rishi Sunak as Conservative Party Leader
Olaf Scholz to Run for German Chancellor Again in 2025
TikTok Fined by UK Regulator for Child Safety Data Reporting Failures
Miracle Baby Born After Gaza Airstrike
Global Tech Outage Caused by Bug in CrowdStrike's Software
Ukrainian FM Open to Peace Talks with Russia, China Reports
EU to Transfer Interest from Frozen Russian Funds to Ukraine
Greenpeace Co-Founder Paul Watson Arrested in Greenland
EU Relocates Summit to Punish Hungary over Orban's Ukraine Visit
Netanyahu Seeks Meeting with Trump During Washington Visit
World's Hottest Day Recorded on July 21
UK Labour Government To Halt Migrant Housing on Accommodation Barge
President Biden Returns to White House After Testing COVID Negative
Trump Says Kamala Harris Would Be Easier Election Opponent Than Biden
Thousands Protest in Mallorca Against Mass Tourism
Immigration Crackdown Targets Car Washes and Beauty Sector
Nigeria's Controversial Return to Colonial-Era National Anthem
Hacking Vulnerabilities: Androids vs. iPhones
Ukraine Crisis Should Be EU's Responsibility, Says Trump’s Envoy
A Week of Turmoil: Key Moments in US Politics
Barrow's Sacred Heart Primary School Faces Long-Term Closure
German National Sentenced to Death in Belarus
Elon Musk's Companies Drop CrowdStrike After Global Windows 10 Outage
US Advises India on Russian Ties Amid Geopolitical Shifts
Trump Pledges to End Ukraine Conflict if Reelected
Global IT Outage Unveils Digital Vulnerabilities
Global IT Outage Sparks Questions About Financial Accountability
CrowdStrike Bug Affects 8.5 Million Windows Devices
Flights Resume After Major Microsoft Outage
US Criticizes International Court's Opinion on Israeli Occupation
CrowdStrike Update Causes Global IT Outage Due to Skipped Quality Checks
EU’s Patronizing Attitude Towards Africa Revealed
Netanyahu Denounces World Court Ruling on Israeli Occupation
Adidas Drops Bella Hadid Over Controversy
Global Outage Caused by CrowdStrike Update Impacts Millions
Massive Flight Cancellations Across the U.S. Due to Microsoft Outage
Global Windows Outage Causes Chaos Across Banks, Airlines, and More
Russia Accuses Ukraine of Using Chemical Weapons
UK's Flawed COVID-19 Planning Exposed by Inquiry
Ursula von der Leyen Wins Second Term as European Commission President
Police Officer Injured in Attack in Central Paris
Hulk Hogan absolutely tore it up at the RNC.
Paris is being "cleansed" of migrants and homeless people ahead of the Olympics.
Lamine Yamal arriving at his school after winning the Euros
Campaigners Urge UK Government to Block Shein's London IPO
UK Labour Government's Legislative Agenda
UK Labour Government to Regulate Powerful AI Models
Record Heat Temperatures in Ukraine Amid Power Crisis
UK Government Plans to Remove 92 Hereditary Peers from House of Lords
×