Analysis from Israel

The narrative adopted by many American Jews these days is that rightist governments enable anti-Semitism, while liberal governments allow Jewish communities to flourish. A corollary of this thesis is that Israeli Prime Minister Benjamin Netanyahu’s open friendship with rightist governments in Eastern Europe has enabled anti-Semitism. Thanks to a poll of European Jews published last week, we now have some facts by which to judge this thesis. And the facts appear to belie it.

The Joint Distribution Committee’s International Center for Community Development surveyed 893 Jewish leaders and professionals from throughout Europe and found that in general, Jews felt safe everywhere. Nevertheless, there was a stark difference between Eastern and Western Europe.

Originally published in Commentary on November 26, 2018

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Israel’s unity government may prove a constitutional time bomb

That Israel will soon have a government is good news; almost any government would be better than the political dysfunction that has produced three elections in the past year. But aside from its existence, there’s little to like about this “unity” government.

The biggest problem isn’t that many important issues will perforce go unaddressed, though that’s inevitable given the compromises required when neither bloc can govern on its own. Nor is it the risk that the government will be dysfunctional even on “consensual” issues like rescuing the economy from the coronavirus crisis, though this risk is real, since both sides’ leaders will have veto power over every government decision.

Rather, it’s the cavalier way that Israel’s Basic Laws are being amended to serve the particular needs of Prime Minister Benjamin Netanyahu and his new partner, Blue and White chairman Benny Gantz.

Though Israel’s Supreme Court wrongly claims the Basic Laws are a constitution, they were never intended as such by the parliaments that passed them. Indeed, some were approved by a mere quarter of the Knesset or less.

But they were intended as the building blocks of a future constitution should Israel ever adopt one. That’s why this handful of laws, alone of all the laws on Israel’s books, are deemed “Basic Laws,” and why each addresses a fundamental constitutional issue (the executive branch, the legislature, the judiciary, human rights, Israel’s Jewish character, etc.).

In other words, though they aren’t a constitution, they do serve as the foundation of Israel’s system of government. And tinkering with the architecture of any democratic system of government can have unintended consequences, as Israel has discovered before to its detriment.

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