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Presence Of Justice - The Sequel

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I noted back in March that Israel's High Court of Justice has been the only firewall Israel has against encroachments on civil liberties; that defenders of human rights have relied, in effect, on a self-perpetuating community of liberal-democratic jurists, enjoying (by means of law and precedent) the ability to remain self-perpetuating. (Former Justice Aharon Barak gave voice to the unique status of the court rather poignantly a couple of days ago, when he argued that Israel must be, after all, "a state of its citizens," code for the equality of Arab citizens--which caused a storm of criticism.)

Two votes in the Likud-controlled Knesset this past couple of weeks will almost certainly end this run of liberal-democratic jurists. Think of it as a quiet coup by the Judeans. The first is the appointment of Uri Ariel of the Kahanist National Union to the Judicial Appointments Committee. "As of today," writes Haaretz's Yossi Verter, "the committee has a bloc of four rightist and radical-right politicians, including Environmental Protection Minister Gilad Erdan (Likud) and Justice Minister Yaakov Neeman. All they need is a fifth member, probably one of the Israel Bar Association's two representatives, and they will have a majority on the committee and be able to do as they please. The three Supreme Court justices on the panel will become a negligible minority."

The second vote is an amendment that will require a majority of seven out of nine members of the Judicial Appointments Committee. If the amendment becomes law, which it almost certainly will, the government will have, in effect, a veto over appointments to Israel's highest court, "the most significant change," says the Israel Policy Center, "in the balance of power between the branches of Israel's government since the current system of judicial appointments was put in place in 1953."


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However regrettable, not particularly unexpected.

A democracy cannot rely on a hereditary caste of jurists to maintain national decency. At least, not completely. No mechanism can prevent the popular will to EVENTUALLY be expressed by its judiciary, even though it is very healthy to make it a lengthy process, say, a generation long (20-30 years).

Otherwise, we have unelected judges maintaining "human rights", like prohibition of torture and the right to vote for political parties of your choice, even if those parties are disliked by the majority, etc. Then we have unelected priests maintaining proper religious character of the state. And then a bunch of hoodlooms, gangsters, bribe-takers and rabble rousers running daily affairs of the State from the legislature.

A crafty but still democratic constitutional arrangement can keep decent judiciary even when legislative majority alternates between wanna-be fascists and more human-right aware parties.

By the way, did Barak's Labor support Uri Ariel for a post in JAC? How did Labor vote when there was an attempt to outlaw some Arab parties? (And Kadima, for that matter.) What parties would currently champion the judges that Prof. Etzioni (admirably) supports?

What I mean, is it fair to say that Israel is evolving from a "liberal democracy" to an "imperfect democracy", like Turkey, Russia, or Sri Lanka?

PS. My full name can be checked in my profile,

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A state that privileges one religion can never remain tolerant for long.

Even within that single religion schisms and heresies will arise, and the community of the true believers must needs put threats down wherever -- within or without -- they arise.

It is only odd that tolerance lasted as long as it did in Israel.

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You know that song from "South Pacific," whose refrain is "you've got to be taught to hate"? Probably, the stupidest lyric ever written.

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I think people DO have to be taught to hate.

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