MembersIsrael Supreme Court Vs. the Jewish State

Can only civil war in Israel resolve this dangerous dispute? That’s what some top officials are saying

By Tsvi Sadan | | Topics: Nation-State Law, Supreme Court
Israel Supreme Court has taken sides against the Jewish state.
Photo: Yonatan Sindel/Flash90

That Israel Supreme Court has a political agenda is clear, and Simcha Rothman’s recent book, The Ruling Party of Bagatz, makes this case quite convincingly. The Supreme Court (acronym Bagatz) under the lead of retired Chief Justice Aharon Barak has for decades worked to replace representative democracy with substantive democracy.

What does that mean?

The first is a governing system in which the people’s will is expressed through elected representatives. The second is an inherently superior value system that supersedes the will of the people. Given that substantive democracy takes for granted that one value system is superior to another, it must enforce the “superior” value system for the people’s own good.

And since elected representatives do represent different value systems, the only way to enforce one value system over another is through the judiciary, viewed now as the guardian of the value system preferred by unelected judges. In Israel, judges are elected by other judges, a situation that creates a closed group of like-minded judges who, as it happened in Israel, represent...

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