8 Comments
User's avatar
⭠ Return to thread
RonW's avatar

Netanyahu has been trying to dismantle Israeli democracy since long before October 7, with his judicial "reform" and other efforts to eliminate checks on his power. These efforts are continuing, even during war.

Expand full comment
Michael Berkowitz's avatar

Yes and no. The judicial reform was clearly intended to limit the power of the High Court, for good reason. It was, though, in the 𝘥𝘪𝘳𝘦𝘤𝘵𝘪𝘰𝘯 of democracy, rather than against it. The clearest support for this is that no one can tell you what check the Legislature/Executive currently has on the Court. People who keep shouting "Checks and Balances!" should have noticed that.

Expand full comment
RonW's avatar

If by democracy you mean majority rule, then you are correct. But that is not democracy properly understood; it is a tyranny of the majority. True democracy means limited government, and it requires an independent branch that has the power to limit the legislature/executive. The Netanyahu government's judicial "reform" aims to bring the judiciary under the control of the politicians, paving the way for dictatorship.

Expand full comment
Michael Berkowitz's avatar

You're touching on a correct point, but haven't got it quite right. Constitutional courts are generally understood to be "anti-democratic" in the manner you mention. It's not that the constrained democracy is the "true" democracy; it's just that democracy by itself is not what we want. I wouldn't bother correcting it, but by failing to use terms correctly, one opens the doors for abuse, like Aharon Barak's use of the term "𝘴𝘶𝘣𝘴𝘵𝘢𝘯𝘵𝘪𝘷𝘦 democracy" to basically vitiate the will of the people entirely and replace it with his own.

In any case, you have not provided any way in which either of the other two branches of government have a check on the Judiciary, probably because you can't, probably because there isn't. You should recognize that as a problem.

As for your statement about the reform's "aims", it may be right and it may be wrong, but what's for sure is that you don't know.

Expand full comment