Israel Is a Democracy on the Brink

Key Findings:

This essay delves into the complex issue of judicial reform in Israel and the significant challenges it poses to the country's democratic system. The author discusses the potential outcomes of the ongoing debate on judicial reform, suggesting that a compromise might be reached but that the current situation is unique and could have far-reaching consequences.

The author identifies three political forces that are pushing for the weakening of the judiciary: corruption, fundamentalism, and the settlement movement. Prime Minister Benjamin Netanyahu and Shas leader Aryeh Deri, who are both facing legal troubles, have a vested interest in reducing the powers of the judiciary. The Haredi parties seek to maintain their unique social and religious privileges, which have been supported by a historical exemption from civic duties, such as military service and taxation.

However, the most profound threat to Israeli democracy comes from the settlement movement, which has established a separate regime in the West Bank, where Israeli settlers enjoy a high standard of living and privileges of Israeli citizenship while residing in a predominantly Arab and economically disadvantaged population. The settlement movement seeks to import the undemocratic governance of the West Bank into Israel as a whole, challenging the fundamental principles of democracy and citizenship.

The author highlights the unsustainable nature of the current arrangements in the West Bank, which result from the Oslo Accords in the 1990s. The author argues that these arrangements cannot coexist with a democratic polity, and warns of dire consequences if this situation persists.

The weakening of Israel's liberal-democratic institutions is framed as an attempt to solidify the power of the current political leadership, with the potential to manipulate electoral processes and suppress opposition. The author suggests that if the proposed reforms are implemented, it will lead to a vicious cycle of growing terrorism, counterinsurgency, declining living standards, reduced American support, and increased polarization.

To address these challenges, the author proposes the passage of a Basic Law on Legislation, outlining a clear hierarchy of constitutional statutes and creating a reasonable procedure for amending existing Basic Laws. The author suggests a "fourth reading" mechanism, allowing the public to provide input in the general election between the third and fourth readings of constitutional changes.

The author emphasizes that the issue extends beyond the current political landscape, and that the long-term sustainability of the settlement movement must be considered. The author argues that the majority of Israelis do not want to witness the transformation of their democracy into an undemocratic society, and highlights the need to safeguard Israeli democracy for future generations.