https://mosaicmagazine.com/observation/israel-zionism/2021/03/against-court-and-constitution-a-never-before-translated-speech-by-david-ben-gurion
“Idon’t think it’s possible to delegate authority to the court to decide whether the laws are kosher or not.” These incendiary words were not uttered by a contemporary right-wing critic of the power of the Israeli Supreme Court. They were made, rather, by Israel’s founding father, first prime minister, final editor and ultimate author of Israel’s Declaration of Independence, and promoter of liberty and rights for all: David Ben-Gurion. And he spoke them not in off-the-cuff remarks to a journalist but in a prepared speech to the committee charged with drafting a constitution in Israel’s first Knesset.
Delivered on the morning of July 13, 1949, Ben-Gurion’s address to the members of the Knesset’s committee on “Constitution, Law, and Justice” expresses his forthright opposition to “judicial review”—a possibility still rather abstract in the Israel of 1949. Ben-Gurion’s opposition was vociferous and fierce, and he uses the occasion to present a resounding case for the supremacy of the parliamentary process as well as popular authority, and utter rejection of the possibility of investing judges with the power to throw out laws duly passed by the Knesset.
As followers of its politics perhaps know, Israel today is embroiled in a bitter battle over the proper role of judges and the Supreme Court within the political system. Since the 1990s, the Supreme Court has arrogated to itself broad prerogatives to strike down laws. The Israeli right has in response become fiercely critical of the court, and seeks to rein it in both through changing its composition and through passing legislation—such as the controversial nation-state law—that would constrain it. The court has responded with an attempt to expand its remit even further, while many on the left insist that curtailing the prerogatives of the judiciary will undermine democracy itself.