Analysis from Israel

In response to my column last month on the false choice between Israel’s Jewish and democratic characters, a reader asked a logical question: You yourself argued that Israel has no raison d’etre if it isn’t a Jewish state; being just another Western democracy isn’t enough. So why do you think “Jewish” and “democratic” deserve equal weight, instead of prioritizing Israel’s Jewish character?

Answering that requires defining “democracy,” because in recent years, two almost antithetical concepts have been sloppily – or perhaps maliciously – subsumed under this term. One of these concepts is frequently at odds with Israel’s Jewish character. But the other is as vital to the Jewish state’s continued existence as the body is to the soul.

Democracy’s original meaning, which today is sometimes called “thin” or “procedural” democracy, was a system of government in which governing requires the consent of the governed (though for practical reasons, such consent is usually granted via elected representatives). Consequently, its requirements are limited to those necessary to achieve this purpose, such as regular elections, checks and balances among different branches of government, and certain rights essential to enabling the democratic process to function, like freedom of expression or the right to due process.

Most democracies also grant rights that go beyond the bare essentials. But these additional rights acquire their validity only through the consent of the governed, granted via legislation or, more commonly, via democratically adopted constitutions. Procedural democracy doesn’t mandate the conferral of nonpolitical rights like, say, a “right to marry”; it mandates only those rights essential for democracy to function.

The newer version of democracy is sometimes called “thick” or “substantive” or “liberal” democracy. But despite that deceptive word “democracy,” this version is in many ways less a system of government than a religion.

Like any religion, it contains both positive and negative commandments that govern not only political, but also moral and social, life; the only difference is that these commandments are called “rights” instead. Thus, for instance, legalizing gay marriage is obligatory, because there’s a “right to marry,” but restricting abortion is forbidden, because a woman has a “right to control her own body.” These positions have nothing to do with the mechanisms of government and everything to do with dictating social and moral norms.

And like any religion, “substantive democracy” derives its commandments (aka “rights”) not from the decisions of the people’s elected representatives, but from a higher authority that trumps such decisions. In traditional religions, this higher authority is God, whose commandments are revealed in holy writ like the Bible or Koran. The origin of substantive democracy’s commandments is less clear: Sometimes, adherents simply assert that these are “fundamental human rights” known to and obligatory on everyone, however hotly contested they are. Other times, they cite the amorphous holy writ known as “international law,” which consists largely of pronouncements by unelected officials in UN agencies or organizations like the Red Cross, whose decisions were never approved by any elected government.

But whatever the source, disciples of substantive democracy clearly believe such a higher law exists. That’s why the High Court of Justice could rule in 2004, for instance, that people have a constitutional “right” to a “minimal dignified existence” guaranteed by welfare payments, with the court being authorized to decide whether existing welfare payments meet this standard. The fact that the only body in Israel actually authorized to enact constitutional legislation – the Knesset – had rejected proposed Basic Laws guaranteeing this and other “social rights” no fewer than 15 times was irrelevant.

The problem with treating democracy as a religion, however, is that no two religions are ever wholly compatible. One cannot, for instance, simultaneously be a practicing Jew and a practicing Muslim, because Jewish and Islamic law sometimes clash. So, too, do the commandments of Judaism and substantive democracy, and when that happens, many Jews will naturally prefer their own religion to the rival one. So if you believe that democracy can only mean “substantive democracy” – i.e., a rival religion – then prioritizing Israel’s Jewish character over its democratic one would make sense.

But procedural democracy isn’t a competing religion; it’s a system of government. And this particular system of government is essential to the Jewish state’s survival, for one simple reason: Any Jewish state, whatever else it is or isn’t, must be one where large numbers of Jews with often contradictory opinions and values – religious and secular, right-wing and left-wing, Sephardim and Ashkenazim, socialists and capitalists – can somehow live together. And no system of government is better at enabling people with wildly different opinions to coexist than democracy.

First, this is because democracy offers everyone the hope of ultimate victory – the possibility of persuading others to enact your ideas into law. In reality, achieving anything usually requires compromising. But the very existence of this hope is enough to keep most people working within the system instead of leaving in despair or turning to violence to impose their views.

Second, democracy excels at finding the kinds of messy compromises which, despite satisfying nobody, give each side enough that neither finds it intolerable. The current state of gay rights is a classic example. Liberal democrats consider gay marriage a fundamental right that the state must grant. Orthodox Jews consider homosexuality a serious religious offense that the state mustn’t endorse. The compromise is that Israel doesn’t permit gay marriage, but effectively grants gay couples the same rights as married couples. And since both sides get something (the de facto benefits of marriage for gays, no official sanctioning of religiously prohibited behavior for Orthodox Jews), both can live with it, even though neither is happy.

This brings us back to the body-and-soul analogy I began with. Judaism is Israel’s soul. As I argued last month, if Israel ever ceased to be a Jewish state, it would soon cease to exist at all. But democracy is Israel’s body – the framework that enables millions of contentious Jews to live together despite their disagreements, and without which the state would soon implode.

Like any living creature, the Jewish state needs both soul and body to survive. On its own, neither is enough.

Originally published in The Jerusalem Post on February 4, 2015

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On Jerusalem, Trump shows that the emperor had no clothes

After President Donald Trump announced in December that he was moving the U.S. embassy to Jerusalem, a friend lamented that the move would have less impact than it should because Trump was so widely disdained both in America and overseas. Yet since then, I’ve heard more foreign acknowledgments of Jerusalem as Israel’s capital than I can ever remember before.

So far, only one other country is definitely moving its embassy—Guatemala, whose Jerusalem embassy is slated to open two days after America’s does. But at least four other countries—two in Latin America and two in Europe—are actively discussing an embassy move. And even if none actually happens, the very fact that this issue is now openly being debated in regions of the globe where Israel has faced considerable hostility in recent years is a remarkable change.

In both the European Union and most of Latin America, official policy has long been that eastern Jerusalem should be the capital of Palestine, while western Jerusalem should be . . . well, nothing. Few countries in either region have ever said that any part of Jerusalem should be Israel’s capital; in fact, some still explicitly declare the city a corpus separatum. In other words, they think Palestinians should get the eastern half while the western half should be an international city.

But now, a decades-old taboo has been broken. Suddenly, several other countries are where America was 20 years ago, with different branches of government actively arguing over Jerusalem’s status.

On April 12, the Honduras National Congress voted to move its embassy to Jerusalem by a sizable majority (59-33), though the decision hasn’t yet been approved by the executive branch. Later that month, Paraguay’s president said he’d like to move his country’s embassy before leaving office in mid-August, though buy-in from the rest of the political system is uncertain.

On April 19, Israeli Independence Day, Romania broke an even more significant psychological barrier by becoming the first European country to announce plans to move its embassy. The president of Romania’s Chamber of Deputies told a Romanian television station that the decision had been made the previous evening. Whether it will actually happen remains unclear; the country’s president opposes the move, and the cabinet hasn’t yet approved it. But the prime minister has formally asked the cabinet to do so.

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