Israel’s legal reforms look awfully Canadian – and that’s not good
fractious democracy, things are getting pretty cataclysmic. On Monday, tens of thousands of protesters besieged the Israeli parliament in defence of a democracy they fear is in jeopardy; inside, legislators accused each other of “fascism” and “anarchy.” Earlier, Israeli President Isaac Herzog had warned the country was on the brink ofBusiness leaders worry the country’s economy will be collateral damage.
There are several pieces to the package, but at its heart is a proposal that will sound familiar to Canadians: one that would allow the Israeli parliament to override the Court’s decisions, upholding laws the Court had found were in violation of guarantees of rights under Israel’s proto-constitution, the Basic Laws. Or in other words, theOh, there are differences between the two.
The Constitution, that is, should only be as binding upon Parliament as Parliament agrees it should be; it, and not some independent arbiter, should decide whether it has lived up to the promises made in the Constitution it endorsed. And since Parliament has become little more than a plaything of the executive, what this really means is that those in government should be left to decide for themselves what limits they will accept on their power.
“Recent proposals to transform Israel’s legal system,” they warn, “will weaken democratic governance, undermine the rule of law, jeopardize the independence of the judiciary, impair the protection of human rights, and diminish the international respect currently accorded to Israeli legal institutions.”
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