https://amgreatness.com/2023/07/28/what-israels-protests-are-really-about/
“The new, modern Israel is more nationalist, more religious and more traditionalist. That is a wonderful thing. And that reality is not changing anytime soon.”
Many Israelis have once again taken to mass protests in the streets, both in the lead-up to and in the aftermath of the Benjamin Netanyahu-led government’s successful passing on Monday of one tiny sliver of the broader judicial reforms that it had previously floated earlier this year. But any sober analysis of the perhaps-unprecedented civil strife now afflicting the Jewish state leads to one conclusion: The vitriolic pushback has nothing to do with substantive separation-of-powers concerns or the particulars of constitutional theory, and everything to do with the Left’s insatiable personal loathing of Prime Minister Netanyahu and its deep-set cultural anxiety over the more nationalist and religious direction Israel is now heading.
For the first four and a half decades after modern Israel’s founding in 1948, the Jewish state operated according to the British model of governance: no written constitution, parliamentary supremacy, and a subordinate, common law-based judiciary. Israel lacks a written constitution to this day, but things began to change in the early 1990s, when former Supreme Court of Israel President Aharon Barak self-pronounced a so-called “constitutional revolution.”
By snapping his fingers, Barak – absent any statutory basis for doing so – arrogated to the Supreme Court of Israel powers that no other judicial tribunal in the world possesses. Those powers include, among other things, the power to hear any issue – no matter how transparently political, and regardless of a plaintiff’s legal “standing” to bring the suit – at any time, for any reason; the ability to overturn any law, policy or even cabinet/ministerial appointment for effectively any reason, from judicial review grounded in Israel’s 13 quasi-constitutional “Basic Laws” to judicial nullification based on an ultra-subjective finding of “unreasonableness”; and the nepotistic power to veto the justices’ own successors, due to the idiosyncratic makeup of Israel’s Judicial Selection Committee.
Anyone vaguely familiar with comparative constitutionalism, to say nothing of American constitutionalism as propounded in The Federalist Papers and ratified in the U.S. Constitution, can spot the glaring problems here. Judge Robert H. Bork, who was nominated by President Ronald Reagan to the U.S. Supreme Court in 1987 before having his nomination derailed by a loathsome Sen. Ted Kennedy (D-Mass.)-led character assassination, wrote in his 2003 book Coercing Virtue: “Pride of place in the international judicial deformation of democratic government goes not to the United States, nor to Canada, but to the State of Israel. The Israeli Supreme Court is making itself the dominant institution in the nation, an authority no other court in the world has achieved.” And the situation has actually gotten markedly worse in the two decades since Bork made that observation.
Netanyahu’s Likud party and other allied right-wing parties made reform of the imperious, leftist-dominated Israeli Supreme Court a key campaign plank ahead of the Jewish state’s election last November, which resulted in a 64-seat (out of 120) majority conservative coalition in the Knesset, Israel’s parliament. The coalition advanced a wide-ranging suite of reform measures, from amending the Judicial Selection Committee’s composition to adding the hotly contested Knesset “override clause” provision to paring down the binding powers of Israel’s overweening “attorney general,” earlier this year; this column wrote in favor of those broader reforms, at the time. However, amidst a secularist-leftist national meltdown that saw myriad of highways shut down by protestors, army reservists threaten not to report for duty, billions of investment dollars flow out of the country, and the country’s lone international airport briefly close due to a strike, Netanyahu backed down in late March.