Discussion about this post

User's avatar
Hershel Ginsburg's avatar

Your comments on Ruth Gavizon were appropriate and touching and her all -too-rare combination of fierce independent thinking (which frightened Aharon Barak) and willingness to reach across the aisle to her seeming ideological adversaries to reach a modus vivendie is badly needed and sorely missed. Her distinction between constitutional politics and ordinary politics is insightful; by all accounts it seems that she saw Barak (and his judicial descendants) as engaging in ordinary politics under the guise of constitutional politics.

Prof. Gavizon's belief that Israel badly needed a written constitution, in part to reign in an out of control Supreme Court, is known. Moshe Koppel, the founder and head of the much maligned (unjustifiably IMHO) Kohelet Forum wrote two draft constitutions in the early 2000's before founding Kohelet and consulted with her extensively. He included in at least one of the drafts very explicit limitations on the Supreme Court which Prof. Gavizon recognized and accepted as necessary even though they were not to her taste.

Doubtlessly she would have considered the current plans of the Supreme Court to rule on the constitutionality of the basic law restricting the use of "reasonableness" in court decisions as the ultimate in constitutional absurdity, given that it was Aharon Barak & the Supremes that promulgated the principle and ruled that Basic Laws constituted Israel's constitution. In Talmudic parlance it's a תרתי דסתרי, an inherent, irreconcilable contradiction. Unless of course, you disparage as does Barak, the Jeffersonian definition of democracy, as best expressed by Abraham Lincoln as government government of the people, by the people, [and] for the people as mere formal democracy of no real value.

I urge you to interview for your substack, members of the intellectual elite holding contrary views about the reform to yours. For example Gadi Taub, Yisrael Auman, and indeed who many consider the devil incarnate himself, Moshe Koppel. Their views have been assiduously ignored or downplayed by the mainstream media. Until recently Gadi Taub had a regular column in Ha'aretz but was cancelled as they ruled that his views were "illegitimate". This from the newspaper that bills itself as the paper for people who think (a more accurate ad slogan would be the paper for people who think only they think).

For the record, I write this as someone who has long recognized the pressing need for judicial and constitutional reform, who agrees with many but not all of the proposed changes in principle if not in detail, but recognizes that Levin & Rothman have made every possible mistake in going about it and as such the reforms need to shelved, preferably in favor of a written constitution.

Expand full comment

No posts

Ready for more?