Politics vs Democracy: Why The Left Doesn't Want Judicial Reform

 

Israel just had elections a few months ago, the 1st of November, if I remember correctly. The present coalition has only been in office a very short time, and the streets are full of Leftist political rabble-rousers.  Gevalt, why am I using such a weak, harmless term for them?

The truth is that foreign anti-Israel money/backers are trying to destroy the country. They've crafted slogans that totally mask/distort their true aim. The vast majority of the demonstrators haven't a clue as to the truth, nor the meaning of democracy.

Yes, they claim they're for DEMOCRACY, but their very being on the streets demanding that the legally DEMORATICALLY  ELECTED government surrender to their demands is totally absurdly UNDEMOCRATIC.

Bibi Netanyahu's not handling this with the skill and competence he once had. He's of retirement age, and it shows. 

Contrary to the demonstrators' main slogan, Israel's present way of choosing judges is undemocratic and unknown in any of the world's democracies. Israel's "founding fathers" were controlled by a cadre of Leftists, socialists who wanted to make sure that if any of the Revisionists the forerunners of the Likud would ever form a ruling coalition, the Judicial System would remain Leftist. That's why they came up with the idea that the High Court Justices and members of the "Bar" have a majority of the votes in choosing replacements. 

I may not agree with their policies and priorities, but I wouldn't call them stupid. That's why even though for most of the past forty-five 45 years the Likud has been able to make more Right wing coalitions, they have been stymied policy-wise by the Leftist High Court.

When former President of Israel's High Court demands that it is of the utmost importance that the court remain "independent," he means that the court must be the true ruler of the State of Israel. Barak invented a principle of "reasonableness" to decide if a law should stand or not. That's his euphemism for being consistent with his political ideology, not any law or legal precedent. He set himself up as an unelected dictator, and then passed the powers to his replacements, whom he put into power. Is that democracy?

Judicial Reform is an attempt to correct this political anomaly and make Israel more like other democracies. But to be honest, it doesn't go far enough. It's still based on the old system but will give a bit more votes to the Knesset members. And considering that the justices don't resign/retire all that quickly, it will take a long time for us to see any real differences. Of course the sitting justices will claim the law "illegal." 

But in the meantime thousands of Israelis are having fun at "street carnivals" trying to take down the legally elected government and sowing chaos in the country. Obviously, they are wealthy enough to take off from work, or someone is....

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Israel's Political System and Judicial Reform-- What's Going On?

I almost titled this post "Israeli Judicial Reform for Dummies," but didn't want to antagonize people. Also the topic is no joke. This is serious stuff, and it's complicated.

Oy. Where should I start?

Let's start with the Israeli political system, which may be unique; though others may be similar in some ways. Let the adjectives used here be different or unique. I don't want any judgmental ones like better and worse. It doesn't pay to go there, since there is no country like the State of Israel in size, history, sociology, security needs etc. Being a democracy, Israel has developed into the country we know today, and in most ways it actually works well. 

Israel is a Parliamentary Democracy. Our parliament, called the Knesset, has one hundred and twenty 120 members. There are many political parties represented in the Knesset, and certainly even more that didn't get enough votes to be included. Now a party needs 4.5% of the votes, called the Electoral Threshold, to get any of their list in.

Each political party submits a list to election board by a certain date, and it's according to the order on the list that people become Members of Knesset. After the votes are counted, the failed parties subtracted and the numbers of MKs per party calculated, the President of the State of Israel then calls the leader #1 of the largest party and offers him/her to chance to form a coalition.

OK, I know that some of you are jumping in your seats trying to get my attention and ask why we have so many political parties. I'll start with a joke:

"two Jews five opinions"

OK, some say only three opinions, but Israeli society is too complex --remember that Israeli Arabs also vote and have a few political parties-- for two political parties to suffice. The political/social spectrum isn't a simple right/left. It also includes religious observance and many other factors. 

The Knesset reflects Israeli diversity, and that diversity isn't reflected at all in the High Court. The democratically elected MKs do not have a say in who sits as a justice on that court. The justices vote in their replacements, and they choose very carefully to find people who follow their ideology, which is far to the Left of the Israeli population. In recent years they have been making legal decisions that go against laws voted in by the elected MKs. That's not democracy. 

The justices don't base their decision on laws. They base their decisions on their political ideology, which is what they treasure and want to preserve. They call it "judicial independence." It's davka that "independence" which endangers Israeli democracy. 

Justice Minister Yariv Levin's plan will reduce the power of the High Court in a number of ways. I'm not getting into the details of the laws he proposes. You can click Judicial Reform for the details. I just wanted to show that reform is needed. 

Nobody has the right to play god, not even High Court justices.