The Real Constitutional Problems with Israel’s New Government

This week, the Israeli Supreme Court considers various arguments questioning the legality of the recently formed governing coalition. Evelyn Gordon writes that any outcome would be preferable to an overreaching court invalidating the coalition agreement and precipitating a fourth election. Nevertheless, she has serious concerns of her own about the agreement’s terms, which are convoluted even by the usual standards of these documents:

The biggest problem [with the agreement is] the cavalier way that Israel’s Basic Laws are being amended to serve the particular needs of Prime Minister Benjamin Netanyahu and his new partner, the Blue and White chairman Benny Gantz. Though Israel’s Supreme Court wrongly claims the Basic Laws are a constitution, they were never intended as such by the parliaments that passed them. [But] they do serve as the foundation of Israel’s system of government. And tinkering with the architecture of any democratic system of government can have unintended consequences, as Israel has discovered before to its detriment.

The best-known example is the ill-fated experiment with directly electing the prime minister in the 1990s, which was repealed a decade later. . . . A less well known but particularly salient example is a seemingly innocuous reform enacted in 2016. The rule until then was that after an election, the longest-serving Knesset member would temporarily become Knesset speaker until a new government was formed, after which the government would choose a permanent speaker. Under the amendment, the old speaker simply stayed on until a new government was formed and chose a new speaker.

The change seems both trivial and sensible. . . . Yet [it] ended up producing the worst constitutional crisis in Israel’s history. [The ensuing] dispute led to the High Court of Justice riding roughshod over the separation of powers by not only creating a new constitutional arrangement in which two speakers would serve simultaneously, . . . but even dictating the second speaker’s identity.

The amendments the new unity government is making to the Basic Laws—meant to create complete parity between Netanyahu and Gantz, as well as to ensure that the prime ministry rotates between them in another eighteen months—are much more far-reaching. . . . And while some will expire automatically when this Knesset’s term ends, others won’t, planting potential constitutional time bombs for future governments.

Read more at Evelyn Gordon

More about: Israel's Basic Law, Israeli Election 2020, Israeli politics, Israeli Supreme Court

Iran Gives in to Spy Mania

Oct. 11 2024

This week, there have been numerous unconfirmed reports about the fate of Esmail Qaani, who is the head of the Quds Force, the expeditionary arm of Iran’s Revolutionary Guards. Benny Avni writes:

On Thursday, Sky News Arabic reported that Mr. Qaani was rushed to a hospital after suffering a heart attack. He became [the Quds Force] commander in 2020, after an American drone strike killed his predecessor, Qassem Suleimani. The unit oversees the Islamic Republic’s various Mideast proxies, as well as the exporting of the Iranian revolution to the region and beyond.

The Sky News report attempts to put to rest earlier claims that Mr. Qaani was killed at Beirut. It follows several reports asserting he has been arrested and interrogated at Tehran over suspicion that he, or a top lieutenant, leaked information to Israel. Five days ago, the Arabic-language al-Arabiya network reported that Mr. Qaani “is under surveillance and isolation, following the Israeli assassinations of prominent Iranian leaders.”

Iranians are desperately scrambling to plug possible leaks that gave Israel precise intelligence to conduct pinpoint strikes against Hizballah commanders. . . . “I find it hard to believe that Qaani was compromised,” an Iran watcher at Tel Aviv University’s Institute for National Security Studies, Beni Sabti, tells the Sun. Perhaps one or more of [Qaani’s] top aides have been recruited by Israel, he says, adding that “psychological warfare” could well be stoking the rumor mill.

If so, prominent Iranians seem to be exacerbating the internal turmoil by alleging that the country’s security apparatus has been infiltrated.

Read more at New York Sun

More about: Gaza War 2023, Iran, Israeli Security