Saturday, November 19, 2011

Weimar Revisited

ISRAELI DEMOCRACY is under siege. No one can ignore this anymore. It is the main topic in the Knesset, which is leading the attack, and the media, who are among the victims.

THE SUPREME COURT is the bastion of democracy. Israel has no constitution, the Knesset majority is totally unbridled, only the court can (if reluctantly) check the adoption of anti-democratic laws.

The extreme rightists in the Knesset are resolved to put an end to this. Their front man is the Minister of Justice, who was appointed by Avigdor Lieberman. He is pushing a series of scandalous ad hominem bills. One of them is designed to change the composition of the public committee that appoints the judges, with the undisguised intention of bringing about the appointment of a particular right-wing judge to the Supreme Court.

Another bill has the undisguised purpose of changing the existing court rules in order to put a certain “conservative” judge in the chair of Chief Justice. The declared purpose is to abolish the rule of an independent court which dares, though only in rare cases, to block “anti-constitutional” laws enacted by the Knesset majority. They want the court to “represent the will of the people”. (Remember Weimar?)

Until now, since the first day of the state, the justices have been, in practice, chosen by cooptation. This has functioned perfectly for 63 years. Israel’s Supreme Court is the envy of many countries. Now this system is in mortal danger.