It is common practice these days to use to the term "judicial coup" to describe Israel a day after the judicial reform becomes law, relying on the hypothesis that if elected officials select the judges Israel will become a dictatorship. We've also endlessly debated the question of whether politicians selecting judges, the courts would be politicized.
One thing we haven't talked about, though, is whether this coup would actually come from the side of those who are protesting the reform.
This isn't as farfetched as one might think. Primarily because former Chief Justice Aharon Barak's judicial activism has already brought us halfway there. Secondly, we've already heard notable public figures say that if there comes a point where security officials must decide whether to obey the politicians or the courts, they must side with the judges.
Former Shin Bet Chief, Yoram Cohen, said: "should we come to that point, which I hope we never do, where the decisions of the government direct contradiction the judicial rulings, they must adhere to the Supreme Court, not the politicians."
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Labor chief Merav Michaeli, the left knows it can't get elected
(Photo: Shalev Shalom)
Former Police Commissioner, Asaf Hefetz, said "the police by definition, answered to the judicial system."
Those gentlemen are irresponsibly tossing such comments around, without examining them. One wonders what Israel would actually look like if law enforcement is subservient to the High Court of Justice and if it is ruled by a committee headed by Chief Justice Esther Hayut.
In 2012, the high court rejected a law that prevented undocumented workers from illegally staying in Israel. Bills to amend the Law of Return and end conversions by reform rabbis were similarly ruled against. and the intent to demolish the home of the terrorist who killed IDF soldier Amit Ben-Yigal - was also rejected by the high court.
Some would hail those rulings. No doubt they are among the protesters in the weekly demonstrations every Saturday and are also among the Jone of arc-like saints who sacrifice themselves in the disruption of the lives of Israelis, every Thursday, fearing the courts would lose their power and rule that terrorist's home must be demolished or that illegal's should be returned to their countries.
Thus the endless cycle continues. If the left thought it had a prayer of assembling a coalition in a democratic election, it wouldn't be fighting so hard against the reform. After all, a left-wing government could easily annul the current legislations and reassemble the committee that selects judges, to their liking.
The problem lies in the fact that the left has no faith in its chance to win an election, so it relies on the high court to represent it, effectively making the country ruled by Esther Hayut's committee.