No constitution. No limiting principles of governance. Entrenched leftist judges who get to appoint their own successors in perpetuity. Courts that offer arbitrary, expedient, constantly evolving, sometimes contradictory rulings to block laws passed by duly-elected, center-right governments. An attorney general empowered to bar elected leaders from participating in national debates. Sounds like a progressive paradise.
This is the reality of the Israeli high court, which is likely imbued with more power than any other in the Western world. It is not always wrong. It is not always nakedly partisan. But it has power to act as a judicial dictatorship, and often does.
And after Benjamin Netanyahu’s government proposed reforming this insane system — procedural reforms that would be in place no matter who was in power — the left acted as the contemporary left always acts when it doesn’t get its way. It got hysterical. The mass protests that erupted were hardly “spontaneous,” though, contrary to many reports in the establishment media. Most of the demonstrations were organized by Israel’s biggest unions and egged on by foreigners. Because a less powerful judiciary threatens the center-left’s power.
A country without a constitution or bill of rights, and only a single house of parliament — one that, by the nature of the system, is controlled by the prime minister (or vice versa) — will struggle to maintain any genuine checks and balances. The direct democratic character of Israel’s government, one that American progressives would like to emulate, gives both too
