Prof. Yitzhak Zamir recently renewed and informed us of an important theoretical diagnosis and an original observation of our political reality, when he came to attack the reforms of Justice Minister Levin.
According to Zamir, "Israel is more than a parliamentary democracy", as our mistaken explanation has been until now, "it is a coalition democracy".
The prime minister controls the government here with a high hand.
And through the coalition discipline, he and his ministerial followers rule without Egypt in the Knesset.
According to Prof. Neshoin (government ombudsman and former supreme judge!), it appears that Levin came to fortify the sole rule of a dictatorial prime minister, and not to protect the sovereignty of the people through the elected Knesset. This is very scary, but pointless.
Zamir has probably not heard of parliamentary and coalition democracies in the world.
Revenues in the 2000s were probably not aware of the oppression of coalition discipline, according to Zamir, when they overthrew Prime Ministers Barak, Olmert and Bennett.
Zamir did not hear the noise of the governments falling here in the voices of Knesset members from 1951 to 2021.
There was no point in responding to Zamir's absurd theoretical and empirical "innovation", were it not for the fact that it was a typical expression of the low discussion of Levin's attackers and their ignorance of political science, political philosophy, political history and the history of the State of Israel.
One after another, cheap, flimsy and emotional claims were hurled at Levin.
Their main purpose was to frighten the public, which is naturally not familiar with the theory of regimes or political philosophy.
The typical way of argument - which was also demonstrated recently in the speech of the President of the Supreme Court Esther Hayut a few days ago - is to cultivate a false representation as if we are powerless in the face of the terrifying government that controls us, and only the High Court saves us.
The truth is the opposite.
The public in Israel has strong levers of power against the government and the Knesset, and for decades it has been using them persistently, since the beginning of the country and long before the High Court came to dominate us. The public mounts highly effective protests against the governments. Its representatives overthrow them at will. Its parties in the Knesset give it the ability to enforce its wishes on the governments. Parties lose power in elections.
All of this is true of two of the branches of government - the government and the Knesset, the sensitivity to public opinion from the threat of the upcoming elections.
On the other hand, another branch of the government, the judiciary, must be freed from the terror of the public, in its judgment.
And precisely because of this necessary independence, it is essential that the representatives of the public be able to check who will be those judges who, after their election, will be independent, and choose them according to their legal views and values.
Today our representatives cannot choose judges like Prof. Ruth Gavizon and Prof. Neely Cohen.
The "right" of a violent veto on their election was given to judges like Barak or Beinish.
But in a democracy, the final authority to choose judges must rest with the representatives of the public, especially when the judges have the authority to invalidate laws.
It is a matter of fact that it is essential to qualify - not to cancel - the authority of judges when they reject legislation of the elected members of the Knesset.
Disqualification authority without reservation is a rule without restraints, an oligarchic rule of the few, which we have come close to because of Barak's legal coup.
The coalition parties informed the voters of their plans to move us away from the rule of the few, and it is their democratic duty to fulfill them.
So "what will we do if the Knesset decides to perpetuate itself and cancel the elections?"
- This is a manipulative false scare.
First, a political society can indeed reach such a low point, when the representatives of the public and its servants betray it and rule over it tyrannically - but then no court will be useful against the betrayal.
Dictators are not moved by judges.
Another tool is needed against them: a sovereign public, which Levin came to strengthen.
Second, and more importantly: the democratic culture is assimilated here.
It is deeply rooted in the Zionist movement and our political culture, from its beginnings until today.
It is the Israelis who will defend their sovereignty - including the dominance of the jurists.
were we wrong
We will fix it!
If you found an error in the article, we would appreciate it if you shared it with us
