On face, it's far more defensible for the body with an explicit democratic mandate to reign in the body that does not, than the reverse.
On face, it's far more defensible for the body with an explicit democratic mandate to reign in the body that does not, than the reverse.
Which is why, ordinarily, we try and do justice to our and others’ understandings by not stopping at superficial analyses.
Judicial review has empirically strengthened democracies, rather than weakening them. Democracies that weaken or capture their independent judiciaries tend to undergo democratic backsliding, especially under reactionary governments.
Strengthens democracy != is itself democratic
Eg, the US requiring a supermajority for impeachment is antidemocratic (the minority decides), but it strengthens democracy (because it shouldn’t be done by one side alone).
This is a pretty core principle of democratic government
> Since 1953, Israel has selected its judges through a diverse committee composed of three Supreme Court justices, two government ministers, two members of the Knesset, and two members of the Israel Bar Association. To appoint a Supreme Court justice, a seven-vote majority of the nine-member committee is required, which means that no group can act alone. Judges can veto what the politicians want, and the politicians can veto what the judges want. This has led to a system of consensus-building and bargaining that produces judges who are for the most part perceived as centrists.
https://www.foreignaffairs.com/israel/end-israeli-democracy
Does that not apply to the Supreme Court, only other judiciary?
No, compared to cooperating with the appointment of replacement members.
No: we’re talking about a judicial branch that exists within an elective system of government. The logical extension of that is not dictatorship.
We can discard metaphysics: independent judiciaries strengthen democracy by limiting the ability of executive and legislative authorities to undermine their own mandate to govern.
Just because someone writes a paper complaining about the Polish government firing holdovers from a literal totalitarian regime, or noting that communist regimes usually gut all organs of government when they take over, you don't get to extrapolate to wildly different circumstances and say "thank god no one gets to vote on this, it would be Very Dangerous For Our Democracy."
Is it the perfect, ideal judicial selection process? Almost certainly not. But it’s not incestuous or unaccountable in the way you’re claiming.
This is arguably more accountable than the SCOTUS process in the US, where a hair-thin congressional majority can railroad a justice into office for their natural life.
The problem is that Netenyahu’s bloc will, given untrammelled power, attempt to ensconce itself in parliament forever, just as Orban and Modi did. That is fact specific to those times and places, and is essential to the argument.
https://www.washingtonpost.com/world/2023/02/14/israel-judic...
"On the table are several bills amending Israel’s “basic laws” — legally equivalent to constitutional amendments — which would grant Knesset lawmakers control over judicial appointments, eliminate judicial review of legislation and allow parliament to vote down Supreme Court decisions."
The last part means that the 51% always get their way, which a supreme court is supposed to prevent.
I'm admittedly not an expert in comparative law, but I can think of several states with parliamentary supremacy and supreme/constitutional courts with the power to veto laws.
"How can I rid myself of that too-honest court?" - Pretty much every rotten politician, ever, who's faced the possibility of serious legal consequences
Democratic? Two million Palestinians live in the West Bank and have had no vote in the Israeli parliament since the occupation started, an occupation condemned by multiple UN resolutions.
Democracy breaks when power is concentrated.
Some things could probably be reformed; that judges choose their own replacement for example – although making this a political process also has its downsides, as we've seen in the US – but that's not really what people are worried about. The problem with the current proposal any checks and balances can be overrides with little more than a shrug, reducing the court to an advisory organ rather than any real "checks and balances" power. And what's worse all of this is done over a fairly small set of issues – mostly Jewish settlements and some related issues – which smells of scorched earth politics.
And that the whole "Israel is for the Jewish people" Basic Law got approved by the courts proves it's not as left-wing biased as is claimed.