Avi Benlolo: Israel's democracy is robust, despite Netanyahu's proposed judicial reforms

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For the first time in 2,000 years, the Jewish people have a national geographic center. For the last 75 years, they ambitiously began formulating a new and unique definition of what it means to be an Israeli Jew. Ever since Israel’s independence in 1948, profound questions have existed: Debates, protests and legislation have focused on existential questions like who is a Jew? Should women be allowed to pray at the Western Wall (of course they should)? And most significantly, should Israel be a Jewish state or a state for the Jews?

As Canadians, we can understand this quest for a national identity. We have struggled with our own identity since Confederation. Under the shadow of a friendly superpower that swallows our ability to formulate a cohesive national character, we try to develop a unique culture, create an independent economy and military and have a national broadcast system to bring our citizens together. Well before such concepts like equity, diversity and inclusivity came into vogue, we pretty much invented the concept of multiculturalism.

True democracies are democracies because they allow for a diversity of opinion. They are the antithesis of uniformity. That’s basically Israel my friends — a melting pot of a people from 190 nations. Judaism and Israel binds them together, but Israel is literally a United Nations. Except that unlike the UN which targets Israel relentlessly as the Jew among the nations, Israel is the natural safe haven for all Jewish people.

The current heartbreaking turmoil in the Knesset and on the streets should be understood as a fundamental democratic expression about pent-up frustration and legitimate fear about the judicial reforms sought out by Prime Minister Benjamin Netanyahu’s government. True democracies are supposed to be messier than tyrranies. They allow for free expression, unlike China, North Korea and Russia. Democracy in Israel has never been up for debate, but neither should it be taken for granted or as a given. It must be relentlessly defended.

Netanyahu finally paused his government’s judicial reforms this week. But he was wrong to fire his defense minister for criticizing the reforms, and for ignoring mass demonstrations and members of the Israeli defence forces who didn’t show up for duty in protest of the plan. In his podcast this week, former Harvard Law professor, Alan Dershowitz argued that “there has never been a more vibrant democracy than current Israel.” The fact that the national protest movement worked and forced the government to rethink its position shows that democracy in Israel is alive and well. No emergency act was invoked as was done in Canada, for instance, over the Freedom Convoy protests. No bank accounts were frozen and relatively very few people were arrested.

But the proposed judicial reforms will weaken Israel’s democratic system as they would curtail the Supreme Court’s ability to provide checks and balances to parliament. The “judicial reform is not a good thing” according to Dershowitz. “It takes away substantial authority from Israel’s Supreme Court … which has been the legal iron dome defending Israel from international criminal courts. Israel’s Supreme Court maybe has gone too far … it has had the most review of legislative actions … and there is room for cutting back on that. But there is no room for cutting back on the role of the Supreme Court protecting essential minority rights, civil rights, civil liberties, etc.”

Its true that Israel needs a strong but less-intrusive judiciary. Having spent three days at the Knesset meeting a variety of political leaders including with Benny Gantz (one of the central figures leading the charge against Netanyahu), I then implored Prime Minister Netanyahu to accept the negotiated compromise proposed by President Isaac Herzog. Anything less than a reasonable outcome that does not change the rule of Israel’s Basic Laws will put Israel in a precarious position. Its begun to weaken Israel’s peaceful ambitions with Abraham Accord countries, something that deeply worries me.

We stand with Israel unconditionally. The situation is painful but crisis can be turned into opportunity. A constitutional path might yet emerge from this quagmire. In the meantime, Netanyahu must pull away from the brink and rein in the extremists in his coalition. They must not be allowed to harm Israel’s democracy nor cease control over the future of the State of Israel.

National Post

Avi Abraham Benlolo is the founder and chairman of the Abraham Global Peace Initiative.