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Key Takeaways

1. According to Professor Gadi Taub, a strong supporter of the judicial reform movement in Israel, the Israeli Supreme Court is usurping authority that rightfully belongs to the Knesset and government ministries. It wields a degree of influence over not just lawmaking but policymaking that is unprecedented in Western democracies.

2. This dynamic allows the majority-left-wing court to negate the views of the majority of Israelis, who vote for either right-wing or centrist politicians.

3. The current system for appointing judges insulates the Israeli judicial system from opposing viewpoints, so sitting judges can effectively appoint their own successors. The reforms that the current government seeks are in keeping with the norms of Western democracies.

Several weeks ago, the new Israeli justice minister, Yariv Levin, announced plans to reform the country’s judicial system by curtailing the very broad power of Israel’s judiciary to appoint judges, nullify laws, and otherwise regulate public life. In the view of its supporters, the reform will revitalize democracy. “We go to the polls, vote, elect, and time after time, people we didn’t elect choose for us,� Levin claimed. “Many sectors of the public look to the judicial system and do not find their voices heard. That is not democracy.� Levin’s critics have the exact opposite view. In their eyes, judicial reform is anti-democratic.

More than 100,000 demonstrators gathered recently in Habima Square in Tel Aviv to protest Levin’s plan. Many thousands more rallied in other cities throughout the country. “Now is the hour of darkness,� author David Grossman told the crowd. To help us better understand what’s going on, we have invited Gadi Taub—an Israeli historian, author, and prominent supporter of the reform—to walk us through the debate.