Perspective 112. Dismantling Israeli Democracy: The Worst Is Yet To Come?
The response in Israel to the threatened removal of checks on an oppressive majority has been electrifying. In a nation of fewer than ten million, hundreds of thousands have taken to the streets. This forced a delay of a few months, but now the Netanyahu government’s march to “illiberal democracy” (à la Hungary or Turkey) has resumed. Could it succeed?
Yes. Netanyahu’s response to massive protest is to push his planned take-over through in installments, piece by piece. We’ve only seen the first major piece; much more is yet to come. And while Bibi would lose an election held now, he doesn’t have to call an election until late 2026. His three coalition parties, haredi (ultra-Orthodox) or far right, have never had it so good; they are unlikely to rock the boat. So barring a split in Netanyahu’s own Likud, other pieces will follow. Some of them are worse than the change in judicial standards that just passed.
Pending proposals would give the government greater control over judicial appointments (making changes in the standards less important?). Legal counsels within the government would also be weakened. For that matter, the entire civil service would be greatly politicized to reduce dissonance in the ranks. Like his former playmate Donald, Bibi hates the Deep State.
Other proposals would politicize the agency controlling television and loosen controls on private channels tied to Bibi and company.
The haredim are getting wish fulfillment beyond their wildest wet dreams. Huge sums will be pumped into a school system with little or no secular education. The haredi exemption from military service will be enshrined in law (after that pesky Supreme Court had been chipping away at it). Non-Orthodox Judaism will be suppressed by all legal means, with new means being made legal for the purpose.
One new proposal is to fine women who have the chutzpah to read Torah at the Western Wall.
For the far right, Netanyahu’s government will, as promised, work toward the annexation of the West Bank. New rules will make it easier for Jewish settlers to continue and expand attacks on Palestinians there without fear of inconvenient prosecution.
On the other hand, opponents of the government might have greater fear of prosecution. One proposal would give the Minister of National Security the authority to detain anyone who poses “real harm to national security.” This might not seem so significant since the Minister of Defense already possesses this authority. But given that the newly-minted Minister of National Security is noted firebrand Itamar Ben-Gvir, the proposal evokes a specter of vast ranks of detainees.
Does the Supreme Court have the power to invalidate legislation that reduces the Supreme Court’s own powers? Already petitions have been submitted to invalidate the piece of the package just passed, abolishing the “reasonableness” standard as grounds for judicial intervention. The court has agreed to consider the petitions, but some observers believe it will wait to consider the whole package in order to rule on the whole package.
And if the court invalidates its own neutralization – possibly on grounds that such an act is “unreasonable” – what happens next? That’s a damned good question.