Ken Levin: There is no precedent in Western democracies for a court to assert whatever authority it chooses over any aspect of a nation’s political life without any checks or balances

Was Moshe Landau a Fascist?
Kenneth Levin
March 31, 2023

…The limits on the judiciary typically include its only being able to invalidate a law on the basis of the law’s being a violation of the constitution. Further, if the court invalidates a law as unconstitutional, it is possible to amend the constitution to counter the court’s decision. Also, in most democracies, the legislature and/or the executive branch plays some role in selecting justices, representing another constraint on the court vis-a-vis other governmental branches. In addition, courts typically only take on cases in which the petitioner has some standing – that is, is personally affected by the issue at hand. Also, courts only address cases that are deemed judiciable, where the legal questions are amenable to being resolved by the court rather than by some other arm of government. None of these constraints exists in Israel in the wake of Barak’s expansion of the authority of the Supreme Court. Israel has no constitution. READ MORE

NATIONAL REVIEW Is Democracy Really Dying in Israel? The international community has raced to scapegoat the proposed judicial reforms and Bibi, their primary proponent, as the source of unrest. The reality is that Israel’s emerging chaos is a product of individuals spreading mistruths about the nature of the proposed judicial reforms. At best, such mistruths stem from a genuine ignorance of Israel’s political system. At worst, they are part of a larger campaign to destabilize Bibi’s government and obstruct the right-wing coalition’s ability to govern.

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