https://www.frontpagemag.com/was-moshe-landau-a-fascist/
“[I]f the policy of the government, upon vital questions, affecting the whole people, is to be irrevocably fixed by decisions of the Supreme Court, the instant they are made…the people will have ceased, to be their own rulers…”
Abraham Lincoln
Moshe Landau was President of Israel’s Supreme Court from 1980 to 1982. In 2000, he wrote of subsequent Supreme Court President Aharon Barak’s record of arrogating more and more power to the Court: “I think that… Barak has not, and does not, accept the rightful place that the court should have among the various authorities in our regime.… [Instead, he is seeking] to interject [into all areas of Israeli life] certain moral values as he deems appropriate. And this amounts to a kind of judicial dictatorship that I find completely inappropriate.”
Was Israel not a democracy during the four and a half decades before Barak’s ascent to the Supreme Court’s presidency and his choreographing what in short order became the court’s unlimited supremacy within Israel’s governmental system? Was Landau’s assessment completely wrong and his criticism of Barak an attempt to perpetuate prior anti-democratic governance? Was it only Barak’s establishing of judicial supremacy that rendered Israel finally a democracy?
This seems to be the conviction of the large numbers of Israelis who oppose judicial reform to rein in the power of the Supreme Court and who not only argue that reform will destroy Israel’s democracy (and not infrequently accuse its supporters of fascism), but who have demonstrated multiple times a week in the hundreds of thousands, closed down highways, blocked access to Ben-Gurion airport, vowed to refuse IDF reserve duty, sought to close the port of Haifa, picketed politicians’ homes and promoted mayhem in other ways, all in the service of blocking reform.
But, in fact, there is little in the Israeli Supreme Court’s present powers and prerogatives that resonates with the concept of democracy.
There is no precedent in Western democracies for a court to assert whatever authority it chooses over any aspect of a nation’s political life without any checks or balances.