Observing the way that the Minister of Justice, Yariv Levin, chooses to promote the reform of the legal system, reminds one of the Sage's article in the Babylonian Talmud about a short road that is actually very long, and about a road that seems long, which is actually the short and right one.
Despite the opposition statements of the senior members of the judicial system to the legal reform, if we get down to the bottom of things, it seems that a large and significant majority in the legal world recognizes that the judicial system needs and can undergo an improvement process.
The public also supports the need for change, a support that cuts across camps, as shown by various opinion polls.
This broad support shows that there is a space of agreement on which the reform should be based.
At the same time, the concern is that the government wants to quickly lead a lightning reform to deep and essential problems, which have accumulated over decades, and chooses the short way to do so.
Minister Levin.
It is better to choose another way, photo: Oren Ben Hakon
The right way to change is different on three levels - in structure, essence, and process.
At the level of the structure, the long and correct way to correct the legal system is first of all to formulate a basic law: comprehensive and balanced legislation, which will deal with most of the legal issues raised by Minister Levin.
The law will build a proper framework of checks and balances and establish a clear legislative path and ranking between our laws.
A legislative blitz of amending random articles in basic laws is not a correct structure for a smart and stable deep change in democracy, but a smart and informed assimilation of the changes within the framework of a basic law: balanced and comprehensive legislation, will be able to fix the system.
At the essence level, the premise of democracy is that an effective and sustainable reform should not produce a decision between the authorities, but on the contrary - it should preserve the tension between them.
As part of the required change, the nature of the legislative process in the State of Israel, the status of the Basic Laws and the High Court's authority to invalidate laws must be regulated - on the other hand, it must be determined when and how the Knesset can override the court's ruling, and enact an override clause with responsibility and not by a random majority of 61, Like a normal majority vote of any coalition whatsoever.
At the process level, there is significant value in choosing the right path.
The path chosen so far does not promote consensus but polarization, and has already brought 80,000 citizens to the streets.
The government must hold a public debate, which will take place with an open heart and a desire to hear all sides and find areas of agreement.
The Knesset's Constitution Committee is not a platform sufficient for agreements and in-depth discussion, but an arena for wrangling and sharpening positions in favor of the "Bays", in an attempt to get the next push.
Israel at a crossroads
Israeli society is currently standing at a crossroads, asking itself: which way will we go?
Will we choose the short cut illusion that includes fast and aggressive legislation, which may lead us all to a dead end?
Or will we choose a path that includes a more complex structure, essence and process, but one that will leave more stable and agreed upon amendments and save the Third Kingdom of Israel?
The Talmudic message is clear - the path that seems short and easy, will eventually lead to a dead end.
The long and perhaps more difficult way is the way to reach the desired destination.
The author is the head of the Purpose Institute for Israeli Policy
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