Israel Needs New Democratic Safeguards After Government Crisis

The incoming Israeli government must prioritize legislative reforms to prevent a recurrence of the recent "democratic crisis," which the author describes as the most severe in the nation's history. These reforms, aimed at limiting the abuse of power, are presented as essential and cost-free, requiring only political courage rather than constitutional upheaval. The crisis, fueled by a government led by a prime minister facing criminal charges attempting to strip the Supreme Court of its power to strike down laws, deeply divided the country and damaged Israel's standing among democratic allies. It exposed simultaneous crises of governmental legitimacy and governability.

The article argues that economic and social policies are meaningless without guaranteed fundamental rights and freedoms, emphasizing that the rule of law must be protected first. The author contends that the problem is not isolated to one government but stems from a structural failure, a lack of "guardrails" and accountability mechanisms. The proposed solution is to build a system that makes it difficult for any leader to misuse power, focusing on who holds power, under what limitations, and the consequences of violating those limits.

Six specific reforms are proposed: limiting the prime minister's tenure to eight consecutive years; requiring ministers and the prime minister to resign upon indictment for fraud, breach of trust, or offenses involving moral turpitude; permanently barring convicted politicians from public office; strengthening the Supreme Court's independence; establishing an ethical code with enforcement powers, including full financial disclosure and a ban on gifts; and codifying the Supreme Court's rulings on public trust into law.

Crucially, these reforms should be enacted as Basic Laws, requiring an 80-member Knesset majority for amendment. This high threshold, similar to constitutional protections in countries like Switzerland and Germany, would prevent future governments from easily dismantling these safeguards. The author cites the 2006 Shamgar Commission's recommendations for an ethical code for ministers, which were largely ignored, as a precedent for inaction. The article concludes that these "guardrails" must be built now, before they are desperately needed, to ensure a new chapter for Israel based on new rules.