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The Struggle for Judicial Reform in Israel, by Ben Shapiro

By 03/27/2023 7:59 PMNo CommentsBy YidInfo Staff

In a series of tweets on Monday, Ben Shapiro, a host of a conservative talk program, provided his perspective on the driving reasons behind the fight for judicial reform.

The conflict over judicial reform in Israel is a front for the actual competition, which centers on how Israel’s political climate is developing.

The Right’s claim relates to the procedure. The present coalition is battling to avert a de facto dictatorship in which the Israeli judiciary chooses its successors and places few or no restrictions on its power. Since the “judicial revolution” of Aharon Barak in 1995, this has been the situation.

And it came about due to the growing influence of religious and Likud voters. The Right is accurate regarding the judiciary’s excessive power and the absurdity of an AG who can make decisions without formal authority.

These criticisms are shared by many in the center and even on the Left.

The Left makes a consequentialist argument. They are battling a loss of pure power-based control. That is the current battle, just as with Barak’s judicial reform in 1995.

The Left views the judiciary as a safeguard against a rising demographic wave that concentrates power among populations that reject the secularism of the Left and who also disproportionately do not serve in the military and receive large amounts of social support.

It’s not democracy versus. tyranny in this conflict. If anything, the Left is employing extra-legal means, such as closing down airports and motorways, to ensure minority safeguards, while the Right is advocating for greater democracy and has an elected coalition.

Israel is essentially negotiating its future in this position. Nearly everyone will agree in principle that the only way to move forward is by combining increased procedural power-sharing with some judicial reform.

The alternative is a heated conflict in which the Right attempts to impose its agenda through electoral means while the Left and secularists strive to stem the growing tide through non-electoral means.

Right now, we’re observing the second possibility. And it’s impossible. It causes voters in the coalition to lose faith in the worth of democratic democracy, and it makes voters in the opposition believe that pressure from outside the system is the most effective strategy.

Negotiation, conversation, and incrementalism are required if the first choice is chosen. Whether any political leaders are willing to do it is the question.


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