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Israel in disarray: The only democracy in the middle east embroiled itself in a major uproar over the judicial overhaul introduced by Mr. Benjamin ‘Bibi’ Netanyahu. For months protesters hit the streets agitating against a set of laws dubbed the ‘dictatorship laws’. A country otherwise threatened with annihilation at the hand of Iran or some terror group for the first time worries about destruction from within.
On one hand, having the Executive appoint judges, when there is already no separation between Executive and Legislative to begin with, effectively means there are no independent branches at all, judges subservient to the Executive and all power in the hands of the Prime-Minister: A path to illiberal democracy.
On the other hand, there is legitimate criticism in many countries about the expanding power of the courts. In India this discussion came up again with the judicial inquiry regarding the short-seller-report about the Adani Group. Israelis, from MK Rothman to the protesters, identified for a long time a need for reform to have judges stop legislating from the bench. The proper role of judges is to apply, not to make, law. Additionally, any bureaucracy without oversight invites cronyism; the courts are no exception!
Only sour losers lament outcomes of fair elections. Dr. Shikma Schwartzman-Bressler, a former basketball player, ought to know, that the rules must be changed before, not after the game kicked off. Bibi won the leadership legitimately according to Israeli election-rules. Neither Modi, Meloni, Orpo, Sánchez, Sunak, etc. enjoy the majority of the popular vote in their countries, because they all came in through coalitions just as Bibi did. His various corruption charges were publicly known for years (some say these charges are exaggerated or politically motivated), but that didn’t prevent the electorate to vote for him. Ashkenazis (those well dressed English speaking techies in the streets) aren’t the only Jews in the nation or the world! Bibi may not have been forthcoming about his agenda during the elections, but then how many politicians around the world are?!
Anyhow, the situation is dismal. It offers important lessons for India, though!
The fault lies in the Parliamentarian System! This system was never a proper democratic system: It doesn’t have an Executive Branch independent from the Legislative Branch. Its shortcomings are on full display in Israel right now. The Parliamentarian System did allow Bibi to liberate the economy back then, which elevated the nation into an economic powerhouse. However, those liberties can be reverted back just as easily (ironically, it seems the very same Bibi is the one, who reverts them back). Israel had 5 elections in 4 years. And in both Israel and India there is an inflationary number of parties.
So, the logical conclusion is to call for a system, which makes it easy to expand and maintain, but difficult to remove liberties. Relief can only come by implementing the Presidential System, that does boast proper separation of the branches. A constitution would be a neat feature, but not necessary in the formative stage. Far more important is to control which individuals are allowed to enter government and to set incentives for them to perform!
- Instant Runoff Voting is to bring the right kind of people into the halls of power with the implicit support from the majority of the electorate, not the most aggressive minority.
- Each seat is tied to one Electoral District with roughly the same slice of the electorate. A second chamber is then unnecessary!
- Political parties can’t wield power in elections or the legislature.
- Strongest possible ethics-laws (term limits, financial disclosures, etc.). Important to include all the elected Officials and judges to obey those laws.
A word of caution: It is essential, that the outlines of the Presidential System are set by
the people to uphold their interest in a free society, not by politicians, where it ends up
serving their interest to stay in and wield power.
Moshe Radman still has one option left to resolve this impasse.
- Create a political party with the sole aim to implement the above mentioned Presidential System. One may even count on the support of Likudniks.
- Draw a map with electoral districts.
- Once elected, abandon the position of Prime Minister and ask the President to chair the cabinet instead.
- Demand the Election Commission schedule 2 elections: One for Parliament and one for President.
Consider the protests in Israel a wake-up-call: India better not wait until the various boiling crises in this nation explode. Israel unlike India has a booming economy and a collective sense of unity (sadly due to millennia of persecution). They all speak the same language. Schism destabilizes their society, nonetheless.
A fundamental flaw of democracies is that reforms come late, often too late. There is a cost for procrastinating vital reforms and Israel is paying it now.
These pieces are being published as they have been received – they have not been edited/fact-checked by ThePrint.