Become a Member
Opinion

If you truly love Israel, it’s time to compromise

Protesters are wrong when they claim that this judicial reform will end Israeli democracy

July 25, 2023 19:00
GettyImages-1551353238
JERUSALEM, ISRAEL - JULY 24: Police officers use water cannons to evacuate protesters from a main road on July 24, 2023 in Jerusalem, Israel. Some 20,000 anti-government protestors marched from Tel Aviv and converged in Jerusalem outside the parliament as the contested bill is voted, after weeks of protest against the government's plans to restrain the judiciary. (Photo by Amir Levy/Getty Images)
3 min read

The Knesset has just enacted a law prohibiting the Supreme Court from striking down legislative and administrative decisions on the grounds that they are “unreasonable.” No other country in the world permits its Supreme Court such broad authority.

Most require a violation of the constitution to strike down laws or actions by the other branches, but Israel has no written constitution, so the Supreme Court has arrogated to itself this unusual power.

Reasonable people could disagree about whether unelected judges should or should not have the authority to strike down the actions of other branches based on an open-ended criterion such as unreasonableness. In general, I would think that courts should not have such untrammelled authority.

But Israel may be different because it has a unicameral legislature and no written constitution, so the Supreme Court serves as the only real institutional check on the excesses of the other branches.