It's Not As Bad As You Think, It's Worse Pt. 2
As I was saying in my last post, we went to the rally last Saturday night to protest the governments proposed passing of a judicial override law. We were joined by 80,000 people in the pouring rain, which did not seem to deter anyone. One observation, it seemed that the average age of the crowd was solidly in the middle age category. It was a little depressing that younger people weren't more represented. As a matter of fact, on our walk towards the rally, the cafes were full and the young people did not seem to care about what was going on. The truth is that the law will affect them more than me, as it is in the long term that it will have the most impact.
When I was younger, I went to many rallies. Most of them were to protest the treatment of Soviet Jews and putting pressure to LET OUR PEOPLE GO. We were there so often that I'm pretty sure that somewhere there is an old KGB file with pictures of me and my friends hanging out in front of the Soviet Mission on East 67th Street.
It was fun to be back in the game.
One of the main aspects of the new law is to allow the ruling coalition to pick the members of the Supreme Court. Up until now it was a combination of politicians from both sides of the aisle, legal professionals, and current judges.
This itself was a major change implemented recently so that it was not only members of the legal profession picking amongst themselves. That change should have been enough.
It wasn’t.
The new law will essentially take away the ability of the Supreme Court to have the power of judicial review of new laws.
So why would Bibi who until recently could have been considered one of the best prime ministers of the state of Israel want this?
Simple.
One of the first laws will be to make it impossible for the government to indict a sitting prime minister. They are saying it won't be retroactive, but it will.
Bibi is willing to trade his legacy to avoid facing justice. Mind you, he has proclaimed his innocence from the beginning and yet he is willing to destroy all checks and balances in the government.
Makes you wonder.
Next up, the court will no longer be able to make decisions based on reasonability. This means the level of corruption that someone will need to be involved with, will need to be so high and egregious, it will be anything goes for elected officials.
There are many other examples (some listed in my last post). When I mention this to some of my friends who support these changes, they tell me that nothing drastic will be done. They say it is not right for a court of non-elected officials to have the power to dictate what is legal if the legislature passes it.
In most countries this is done to prevent what is known as the tyranny of the majority. This term was coined by Alexis de Tocqueville in his book Democracy in America (which I am half way through). Written in 1832, he was able to foresee a time when the majority, as slim as it might be, would be willing to impinge on the rights of the minority even if it meant weakening the democracy that protects them all.
The proposed override law will allow a majority of 61 to pass any law they want. The only check will be that the full supreme court of 15 will be able to block it in a unanimous decision (the original proposal was 12 of 15 but some saw that as too liberal)
Since these judges will be picked for their political affiliations instead of their competence , I would not hold my breath.
Some of the things being discussed are so against true democratic sensibilities it is frightening.
The first thing any democratically elected government does when moving against democracy is to take away the power of its courts.
It almost always starts that way, and it is where we are headed.
Am I being melodramatic?
Perhaps, but when I read the Jerusalem Post ( which is known as a right wing paper) on the weekend, and almost every opinion piece is against this law, I know that I am not.
It is not that some things don’t need to be changed; they do.
Yesterday, the head of Bank Hapoalim agreed with this but then said “ we need evolution, not revolution” Instead we are getting the whole house burned down so that our politicians can move against democracy with impunity.
I am hoping for several things.
I am hoping that the opposition, particularly Gideon Saar and Benny Gantz, will man up and join the coalition with only one demand, to stop this law from being passed the way it is proposed.
It will never happen
I am hoping that some of the members of the Likud, especially those who know what it is like to live in places without checks and balances, or those with liberal sensibilities, will not approve this law. Only five are needed. When politicians in the USA proposed increasing the Supreme Court to weaken the conservative majority, some of the democratic senators, despite great pressures, stood against it.
It will never happen.
The speaker of the Knesset is openly gay. What will he do when being openly gay becomes a crime. Does he think that at some point certain elements will not try to pass a law like that?
Those in favor of this law say that the court took power they were never given. Perhaps that is true, but does that mean that they should not have it?
The court just ruled this week that the head of the Shas party, a man who has been convicted of theft and bribery three times, a man who avoided a prison sentence by promising to leave politics forever, cannot be a minister.
This is now being held up by those trying to pass the law as a prime example of the court going against the will of the people.
I think it proves why we need it to fail.
Shabbat Shalom