The assault on Gaza hasn’t put an end to Israel’s constitutional crisis
When Hamas invaded Israel on October 7, the most bitter political conflict in the country’s history suddenly seemed to be on hold—as if an unseen finger had pushed a pause button with everyone’s mouths still open in a shout.
“Judicial reform is not on the agenda,” Prime Minister Benjamin Netanyahu declared at a press conference on October 28, referring to his government’s program to eviscerate the supreme court and give the executive unconstrained power. Major protest organizations that had risen to fight Netanyahu’s power grab switched their mission overnight to philanthropy—helping bereaved families and displaced residents of border towns. Amid sirens warning of incoming rockets from Gaza, arguments over judicial review could obviously wait.
This was an illusion.
Netanyahu and his political allies are still seeking to advance a “constitutional coup,” to use the Tel Aviv University law professor Aeyal Gross’s term. And in recent days, the conflict between the government and the supreme court has escalated into open confrontation.
Even before now, the effort to transform Israel from a liberal democracy into an autocracy continued alongside the war in Gaza and at times intersected with its management. If Netanyahu retains power, his assault on democracy is certain to outlast the war and may prevent any investigation of the colossal failures that left Israel unprepared for the Hamas attack to begin with. And as costly as the war has been, the internal struggle over democracy ultimately may have the greater effect on Israel’s future and its viability. [Continue reading…]