Judicial Reform Will Remain on Israel’s Agenda Even after Netanyahu Leaves Office

June 12 2019

To many observers, the Israeli prime minister’s recent interest in constraining the outsize power of the Supreme Court results from his desire to avoid indictment on corruption charges. Perhaps so, writes Evelyn Gordon, but the Israeli right has been pushing for legal reform well before Benjamin Netanyahu took up the idea, and its reasons for doing so go far beyond the political exigencies of the moment. Take, for instance, the experience of Moshe Kaḥlon, leader of the center-right Kulanu party:

Kaḥlon . . . entered the cabinet in 2015 vowing to thwart any effort to curb the legal system’s power. In his coalition agreement with Likud, he even demanded and received veto power over such legislation. And he exercised his veto repeatedly, inter alia killing bills to change the judicial appointments system and to let the Knesset reenact legislation overruled by the courts.

But after April’s election, Kaḥlon’s Kulanu party signaled that it would no longer thwart such efforts, [for] two reasons. . . . First, even Kulanu voters—the most moderate segment of the center-right electorate—objected to Kaḥlon’s defense of the legal status quo. In April’s election, Kulanu dropped from ten Knesset seats to four, and the party’s internal polling found that its repeated vetoes of legal reforms were a major reason why. Many rightists simply won’t vote for anyone opposed to legal reform.

Second, Kaḥlon, [while serving] as finance minister, acquired firsthand experience of the way the Supreme Court prevents governments from governing by repeatedly overturning decisions it deems “unreasonable”—a judgment other democracies leave to voters. [Specifically], the court overruled Kaḥlon’s flagship policy: . . . Kaḥlon had won election by promising to lower Israel’s cost of living, particularly its astronomical housing prices. He therefore enacted a special tax on third apartments, arguing that making it more expensive to buy housing for investment purposes would cool demand and thereby lower prices. . . . [T]he court overturned it, claiming the legislative process was “flawed.” . . .

After more than three decades of such rampant judicial activism, too many right-leaning legislators and voters have similar stories of policies they cared about being nixed . . . merely because unelected justices or an unelected attorney general decided to substitute their own policy judgments for those of the elected government.

Read more at Evelyn Gordon

More about: Benjamin Netanyahu, Israeli politics, Moshe Kahlon, Supreme Court of Israel

 

When It Comes to Peace with Israel, Many Saudis Have Religious Concerns

Sept. 22 2023

While roughly a third of Saudis are willing to cooperate with the Jewish state in matters of technology and commerce, far fewer are willing to allow Israeli teams to compete within the kingdom—let alone support diplomatic normalization. These are just a few results of a recent, detailed, and professional opinion survey—a rarity in Saudi Arabia—that has much bearing on current negotiations involving Washington, Jerusalem, and Riyadh. David Pollock notes some others:

When asked about possible factors “in considering whether or not Saudi Arabia should establish official relations with Israel,” the Saudi public opts first for an Islamic—rather than a specifically Saudi—agenda: almost half (46 percent) say it would be “important” to obtain “new Israeli guarantees of Muslim rights at al-Aqsa Mosque and al-Haram al-Sharif [i.e., the Temple Mount] in Jerusalem.” Prioritizing this issue is significantly more popular than any other option offered. . . .

This popular focus on religion is in line with responses to other controversial questions in the survey. Exactly the same percentage, for example, feel “strongly” that “our country should cut off all relations with any other country where anybody hurts the Quran.”

By comparison, Palestinian aspirations come in second place in Saudi popular perceptions of a deal with Israel. Thirty-six percent of the Saudi public say it would be “important” to obtain “new steps toward political rights and better economic opportunities for the Palestinians in the West Bank and Gaza.” Far behind these drivers in popular attitudes, surprisingly, are hypothetical American contributions to a Saudi-Israel deal—even though these have reportedly been under heavy discussion at the official level in recent months.

Therefore, based on this analysis of these new survey findings, all three governments involved in a possible trilateral U.S.-Saudi-Israel deal would be well advised to pay at least as much attention to its religious dimension as to its political, security, and economic ones.

Read more at Washington Institute for Near East Policy

More about: Islam, Israel-Arab relations, Saudi Arabia, Temple Mount