Netanyahu’s Plan for Reforming the Supreme Court Is Anything but Undemocratic

Benjamin Netanyahu has put two bills before the Knesset that would curb some of the outsized power of Israel’s supreme court. The first would give elected officials greater say in the appointment of new justices. The second would place limits on the court’s ability to overturn laws passed by the Knesset. Some prominent Israelis have criticized these proposals as limits on the independence of the judiciary or even assaults on democracy itself. They are neither, writes Evelyn Gordon:

[The second] bill would . . . bar the court from overturning a law . . . unless at least nine justices—a mere 60 percent of the court’s complement of fifteen—deem the law unconstitutional. And that’s excellent policy. . . .

[I]if the court itself is almost evenly split over a law’s constitutionality, there’s clearly more than one plausible legal interpretation. And if there’s more than one plausible interpretation, it makes sense to prefer the one chosen by the Knesset, the body that actually wrote the Basic Laws that the court (wrongly) treats as Israel’s constitution. When serious doubt exists about the “correct” interpretation—which it clearly does if less than 60 percent of the court concurs—the lawmakers should get the benefit of this doubt. . . .

This brings us back to the straw man of the court’s independence. Judicial independence is indisputably essential; a country where courts merely obey government dictates is a dictatorship, not a democracy. Hence by claiming that Netanyahu’s proposals would undermine judicial independence, his critics seek to tar them as something no democracy could countenance.

But what these critics are really trying to protect isn’t the court’s independence but its excessive power—a power, without parallel in any other democracy, by which justices first choose their own successors to create an ideologically uniform court, then seek to impose this ideology on the country by asserting a right to overturn government decisions and/or [Knesset] legislation on virtually every important policy issue. . . . All the proposed reforms would do is return a tiny fraction of this power to the people’s elected representatives. And Israel’s democracy would be the greatest beneficiary.

Read more at Evelyn Gordon

More about: Benjamin Netanyahu, Israel's Basic Law, Israeli democracy, Politics & Current Affairs, Supreme Court of Israel

 

How Columbia Failed Its Jewish Students

While it is commendable that administrators of several universities finally called upon police to crack down on violent and disruptive anti-Israel protests, the actions they have taken may be insufficient. At Columbia, demonstrators reestablished their encampment on the main quad after it had been cleared by the police, and the university seems reluctant to use force again. The school also decided to hold classes remotely until the end of the semester. Such moves, whatever their merits, do nothing to fix the factors that allowed campuses to become hotbeds of pro-Hamas activism in the first place. The editors of National Review examine how things go to this point:

Since the 10/7 massacre, Columbia’s Jewish students have been forced to endure routine calls for their execution. It shouldn’t have taken the slaughter, rape, and brutalization of Israeli Jews to expose chants like “Globalize the intifada” and “Death to the Zionist state” as calls for violence, but the university refused to intervene on behalf of its besieged students. When an Israeli student was beaten with a stick outside Columbia’s library, it occasioned little soul-searching from faculty. Indeed, it served only as the impetus to establish an “Anti-Semitism Task Force,” which subsequently expressed “serious concerns” about the university’s commitment to enforcing its codes of conduct against anti-Semitic violators.

But little was done. Indeed, as late as last month the school served as host to speakers who praised the 10/7 attacks and even “hijacking airplanes” as “important tactics that the Palestinian resistance have engaged in.”

The school’s lackadaisical approach created a permission structure to menace and harass Jewish students, and that’s what happened. . . . Now is the time finally to do something about this kind of harassment and associated acts of trespass and disorder. Yale did the right thing when police cleared out an encampment [on Monday]. But Columbia remains a daily reminder of what happens when freaks and haters are allowed to impose their will on campus.

Read more at National Review

More about: Anti-Semitism, Columbia University, Israel on campus