Israeli Law Professor Warns of Constitutional Crisis Echoing Poland
Translated & summarized from Srugim by baba
Professor Moshe Cohen Eliya warns that Israel is heading towards a constitutional crisis similar to Poland's, driven by Supreme Court President Yitzhak Amit's alleged desire to maintain extensive judicial powers. He criticizes the Israeli "juristocracy" as a destabilizing force and believes the current system is unsustainable, especially with key legal figures set to depart in 2028. Cohen Eliya also argues that the concept of "democratic erosion" has been misused by the left to justify its actions while condemning the right, suggesting a return to a pre-Barak parliamentary model.
The story in 6 lines · by baba
- Professor Moshe Cohen Eliya warns Israel faces a constitutional crisis mirroring Poland's.
- He claims Supreme Court President Yitzhak Amit seeks to preserve extensive judicial powers.
- Cohen Eliya criticizes the Israeli "juristocracy" as a destabilizing force.
- He believes the current judicial system is unsustainable and time is running out.
- The professor criticizes the left's use of "democratic erosion" rhetoric.
- He suggests a return to a parliamentary democracy model might be necessary.
Professor Moshe Cohen Eliya has drawn a stark parallel between Poland's recent constitutional crisis and the current legal landscape in Israel, warning that Supreme Court President Yitzhak Amit is leading the country towards a similar breakdown. Cohen Eliya cited the events in Poland where the left-wing government, after coming to power in 2023, dismissed judges appointed by the previous right-wing administration, leading to violent clashes within the Constitutional Court.
Cohen Eliya argues that Amit's "nightmare" is for the public to reach constitutional agreements, as this would diminish the extensive powers he and other "juristocrats" hold, powers he claims are disproportionate to those in any other Western democracy. He contends that the Israeli "juristocracy" has consistently acted as a destabilizing force, discouraging compromise during the judicial reform period by relying on the Supreme Court to strike down legislation.
He further asserts that time is running out for the current judicial system, pointing to the upcoming departures of Attorney General Gali Baharav-Miara in February 2028 and Amit himself in October 2028. Cohen Eliya believes that even another election would not alter the trajectory, as the current "disturbed system" cannot continue functioning as it has.
The professor also criticized the academic and legal circles for what he calls "brainwashing" about democratic erosion, suggesting this narrative, particularly concerning Hungary and Poland, influenced past decisions like the indictment of Prime Minister Benjamin Netanyahu. He claims that the left, when in power, employs anti-constitutional methods under the guise of "defensive democracy" or "democratic correction," while labeling similar actions by the right as democratic erosion. Cohen Eliya suggests that if the judiciary continues to serve only the left's ideology, a return to the parliamentary democracy model, predating Aharon Barak's tenure on the Supreme Court, might be preferable.