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Loss of statehood

2020-03-29T21:27:42.155Z


Witnesses of Portugal


The growing appeal of Israeli politics to the Court not only disrupts the braking and balancing system between the three authorities; Perhaps even worse, it would eventually drop the ground - if it hadn't already - from the legitimacy of the Israeli legislature. In the time of storm, it is worthwhile to state the obvious, because the judicial system can and must stop and balance the other authorities. It is also worth noting that this duty is two-way.

The spirit that gave birth to life in the Israeli legislature from day one was the spirit of "statehood." Into the notion of statehood, coined by First Prime Minister David Ben-Gurion, unique content, different from parallel terms in the world, was cast. While the term "atheism" attributed importance to the state's involvement in social life, the statehood that developed in the political culture in Israel expressed a reversal - the involvement of society in state life.

This involvement is reflected in three manifestations: the lack of mediators between the citizen and the state; The state as a focus for clarifying and addressing social questions; The state as the center of identification of citizens. The events of the last few days raise some thoughts about the remaining state of the Israeli legislature.

In my opinion, whether the legislator's weakness is what caused the court's over-involvement, or whether the uncontrolled strengthening of the court resulted in it - was unnecessary. Only important is the fact that what began as a trickle of legal involvement and increased over the years to the flood threatens the very existence of the Knesset as the focus of Israeli statehood.

The court's excessive involvement forces the Knesset to think and behave in terms of decision, not in terms of compromise. The court and the Knesset are two different systems, each with a different toolbox, used by them in their unique conduct. While the court trusts the interpretation of the law, assessment of evidence and, in the final judgment, the belief in inter-group negotiations, the "first-blinker" power games that usually end in compromise. The recent Knesset Speaker's storm illustrated the extent to which the court emptied the parliamentary toolbox and became an empty tool - literally.

As a result, Knesset members have ceased to act as parliamentarians representing the totality of the values ​​and beliefs of the citizens of the state, which through deliberation, negotiation and compromise refine them and attach them to the rulebook. In their absence, the court assumed the role of the norms of Israeli society and, as the US Justice Professor Richard Posner said, became an actual lawmaker who considered the Knesset laws more than a first draft to be rewritten. The bleak reality of the past few weeks illustrates how the Knesset, which serves as the center of civil identification and arena for dispute, has become a host for law clerks who favor sovereignty over sovereignty, and the transfer of responsibility from the legislature to the court.

All this leads to the main danger: If the legislature is no longer a legislator, but formulates first draft law and puts it at the door of the court, there is no point in the public's political participation. The irrelevance of the Knesset on the one hand, and the relinquishing of the court's decisions on the other, will make political participation less and less relevant.

Yes, the turnout in the last election was particularly large because of the sense of the size of the hour. But completing the constitutional revolution through the handing over of all legal and legal submissions to the hands of legal officials will transform Israeli rule from leadership to leadership: from a government elected by the public to promoting the public's goals, to an unelected government that promotes its own affairs; From a select house that draws its power from the public and gives and gives in the name of the public who sent it, to a hierarchical clerical-based rule that draws its power from self-determined principles and dedication to its own interpretation.

At the heart of Israeli statehood, as Ben-Gurion drowns, the expectation of the citizen is to be involved in state life. However, the completion of the constitutional revolution will suppress the political involvement of Israeli citizens and jeopardize Israeli democracy.

Dr. Adi Portugal is in charge of information infrastructure at Ben Gurion Institute, Ben Gurion University of the Negev

For more views of Portuguese witnesses

Source: israelhayom

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