Here’s why this matters right now: Israel, a key ally, is facing an internal crisis that could weaken its resolve. We need a strong Israel, and that means a functional government, not one held hostage by judicial overreach.
- Israel’s judicial system is dangerously out of control.
- The Supreme Court has grabbed power it was never meant to have.
- Radical reform is needed to restore balance and democracy.
Israel’s Courts: A Runaway Train?
The Israeli Supreme Court isn’t just interpreting laws; it’s practically writing them. According to Yonatan Green‘s meticulous research in Rogue Justice, the court has become a “juristocracy,” or worse, an unelected monarchy. This isn’t just a minor disagreement about legal theory; it’s a fundamental threat to Israeli democracy.
Aharon Barak’s “Objective” Absurdity
The rot started with former Chief Justice Aharon Barak. He introduced the concept of “objective purposive interpretation,” or OPI. This allows judges to ignore the actual text of the law and instead decide what the legislature should have intended. It’s judicial activism on steroids, letting judges substitute their own opinions for the will of the people.
“Reasonableness” Gone Wild
It gets worse. The Court uses a “reasonableness” standard to second-guess government decisions. A foreign student supporting the anti-Israel BDS movement was allowed into the country, despite a law allowing the Interior Minister to deny her entry. The Court decided the minister didn’t properly weigh the harm to Israeli academia. This isn’t about fairness; it’s about the Court imposing its own political agenda.
The Power Grab: What Does It Mean?
This judicial overreach has profound implications. It undermines the power of the Knesset, Israel’s parliament, and gives unelected judges unchecked authority. Remember the proposed judicial reforms that sparked protests last year? The public, misled by leftist rhetoric, revolted. But those reforms were necessary, and the issue must be revisited. Israel needs a system where the people, through their elected representatives, are actually in charge. The current system invites chaos and instability, weakening Israel at a time when it needs to be strong. The atrocities of October 7th showed this.
Should America be concerned about a key ally’s democracy eroding from within?
