Israel’s Supreme Court May Have Sown the Seeds of Its Own Disempowerment

March 9 2020

Since Israel’s elections in April of last year, the country has had a lame-duck government, authorized to stay in power until the Knesset approves a new coalition. Three elections later, it remains unclear which party, if any, will be able to form a coalition. But one thing is clear from last week’s election: Prime Minister Benjamin Netanyahu’s Likud received more votes than it did in September. Evelyn Gordon argues that the prime minister benefited from the Israeli voter’s frustration with political stalemate:

[T]here are many things a lame-duck government cannot do. It can’t make appointments, so senior civil-service posts have been empty for a year. It can’t pass a new budget or allocate any funding that wasn’t included in the previous year’s budget, so vital new programs—like the army’s five-year development plan and desperately needed infrastructure projects—have gone unfunded. And vital old programs, including pilot projects to help Israel’s neediest, have shut down because their funding was only approved for a year and a lame-duck government can’t renew it. The government also can’t address the yawning deficit by cutting spending or raising taxes.

To be clear, Israeli law doesn’t prevent a lame-duck government from doing any of this. Moreover, as the High Court of Justice admitted in a 2001 ruling, that wasn’t an oversight; the Knesset considered this issue during the state’s early years, but ultimately accepted a public commission’s recommendation against restricting lame-duck governments, lest such restrictions hamper their ability to act in an emergency.

But the court, always convinced that it knows better than the legislature and scornful of that quaint democratic principle which holds that law should be made by elected legislators rather than unelected justices, decided decades ago to overrule the Knesset on this issue.

Had the court simply upheld the law and allowed lame-duck governments to exercise their full powers, Israel would not have accumulated such a long list of unaddressed burning issues over the past year, and a critical mass of anti-Netanyahu voters wouldn’t have concluded that any government—even one headed by a man under indictment—was better than none at all. In other words, with its own hands, the court created the very problem that may now result in a government willing and able to enact legal reforms [curtailing the court’s power], which the court [naturally] opposes bitterly.

Read more at Evelyn Gordon

More about: Israeli Election 2020, Israeli politics, Israeli Supreme Court

Syria Feels the Repercussions of Israel’s Victories

On the same day the cease-fire went into effect along the Israel-Lebanon border, rebel forces launched an unexpected offensive, and within a few days captured much of Aleppo. This lightening advance originated in the northwestern part of the country, which has been relatively quiet over the past four years, since Bashar al-Assad effectively gave up on restoring control over the remaining rebel enclaves in the area. The fighting comes at an inopportune moment for the powers that Damascus has called on for help in the past: Russia is bogged down in Ukraine and Hizballah has been shattered.

But the situation is extremely complex. David Wurmser points to the dangers that lie ahead:

The desolation wrought on Hizballah by Israel, and the humiliation inflicted on Iran, has not only left the Iranian axis exposed to Israeli power and further withering. It has altered the strategic tectonics of the Middle East. The story is not just Iran anymore. The region is showing the first signs of tremendous geopolitical change. And the plates are beginning to move.

The removal of the religious-totalitarian tyranny of the Iranian regime remains the greatest strategic imperative in the region for the United States and its allies, foremost among whom stands Israel. . . . However, as Iran’s regime descends into the graveyard of history, it is important not to neglect the emergence of other, new threats. navigating the new reality taking shape.

The retreat of the Syrian Assad regime from Aleppo in the face of Turkish-backed, partly Islamist rebels made from remnants of Islamic State is an early skirmish in this new strategic reality. Aleppo is falling to the Hayat Tahrir al-Sham, or HTS—a descendant of Nusra Front led by Abu Mohammed al-Julani, himself a graduate of al-Qaeda’s system and cobbled together of IS elements. Behind this force is the power of nearby Turkey.

Read more at The Editors

More about: Hizballah, Iran, Israeli Security, Syrian civil war, Turkey