This chapter describes the judicial overhaul by the Israeli government before and after October 7. Prima facie, one would expect that after October 7 and under the Gaza war, the judicial overhaul would be set aside and abandoned. Security is more important than obsessions with the judicial system. But the Israeli story demonstrates how the security crisis can enable and facilitate a populist constitutional project, and explains how and why the judicial overhaul has deepened under the fog of war. Far from halting the judicial overhaul, the war context enabled its entrenchment. This development underscores the broader risks that security crises pose to democratic institutions—particularly in regimes already exhibiting populist tendencies. Israel’s experience thus provides a cautionary tale of how liberal democracies may deteriorate not despite crises, but because of how populist leaders exploit them.

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The Judicial Overhaul in Israel Before and After October 7: The Amalgamation of Constitutional Crisis & Security Crisis

  • Yaniv Roznai

摘要

This chapter describes the judicial overhaul by the Israeli government before and after October 7. Prima facie, one would expect that after October 7 and under the Gaza war, the judicial overhaul would be set aside and abandoned. Security is more important than obsessions with the judicial system. But the Israeli story demonstrates how the security crisis can enable and facilitate a populist constitutional project, and explains how and why the judicial overhaul has deepened under the fog of war. Far from halting the judicial overhaul, the war context enabled its entrenchment. This development underscores the broader risks that security crises pose to democratic institutions—particularly in regimes already exhibiting populist tendencies. Israel’s experience thus provides a cautionary tale of how liberal democracies may deteriorate not despite crises, but because of how populist leaders exploit them.