https://www.tabletmag.com/sections/israel-middle-east/articles/struggle-israel-democracy-netanyahu-supreme-court
The Netanyahu trial and bottom-up demands for judicial reform have melded together into a hugely consequential showdown between patricians and plebs
The Israeli election in November was, in large part, a referendum on the Netanyahu trial. The jury came back with a clear verdict: not guilty. Israelis, or at least enough of them, became convinced that the trial was a political affair, not a legal one: Israel’s left-leaning elites had given up on beating Netanyahu at the ballot box, and so turned to other means to expel him from politics.
But the majority of Israel’s voters did more than acquit Netanyahu in the court of public opinion. A majority of Israeli voters made clear that they will no longer put up with the hollowing out of Israel’s democracy by the administrative state—judges, law enforcement officers, legal advisers and the bureaucracy in general will have to stop substituting their own preferences and dictates for those of the Israeli electorate.
The Netanyahu trial and bottom-up demands for judicial reform have thus melded together into a hugely consequential showdown between patricians and plebs, between the old elites and the public at large, between the court and the elected branches of government—and at root, between the power of the administrative state and democratic politics. It is, as the press is now screaming in Israel and outside it, a struggle over soul of Israel’s democracy. Only the press has got it backwards. Yariv Levin, Netanyahu’s new justice minister, is not out to destroy democracy. He is out to restore it.
Back in 2017, a bestselling conservative Hebrew book articulated the growing frustration on the right in its title: “Why do you vote right and get left?” The book, by journalist and former Netanyahu aide Erez Tadmor, made the answer clear, and it became the operating manual for a new generation of Likud members. The reason the right never really rules, Tadmor argued, is that the left controls the important power centers outside of electoral politics: the mainstream press, the arts, academia, and above all the judicial system and its auxiliaries in law enforcement and Israel’s powerful bureaucracy.
At the summit of the judicial-bureaucratic power structure, which exists outside the purview of the consent of the governed, sits the Supreme Court, which in Israel holds powers more awesome than any judiciary in any Western democracy. In the court’s own view, there are literally no limits to its authority. It recognizes no limits on standing, and it exercises judicial review over any government action and any and all legislation, including judicial review of what the court itself declared to be Israel’s constitution—our so-called “Basic Laws.”