An unbridled media blitz is intended to convince us that Israeli democracy has been subdued by the right-wing. Indeed, our democracy is in danger - but from the direction of the High Court
The rumors of the death of the Israeli democracy have been premature. For the past week, we have been in the midst of a media blitz showcasing the painful outcries of journalists, organizations and politicians lamenting Israeli democracy.
By now we've all heard that "the minister of justice shut down the courts on the order of his master, Benjamin "Erdogan" Netanyahu, in order to prevent holding his trial." The fact that this lie was refuted by the chief justice herself, and that courts all over the world are limiting activities due to the coronavirus, does not daunt those who are crying out.
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Such lies were apparent in the hearing that took place in the High Court.
The establishment of the Knesset Arrangements Committee and the establishment of various Knesset committees meant to oversee the Israel Shin Bet security agency's cellular monitoring were hardly mentioned in court.
It was clear to all that there was no dispute and – just as the speaker of the Knesset said last week – the Knesset convened in accordance with the law and procedures, to select the committees. With the High Court or without it.
Parliamentary supervision will commence its work and no one thought – even for a moment – to prevent it.
The fact that the Supreme Court thinks that it is in its authority on how to manage the coronavirus crisis, to make professional, economic and medical decisions without training and knowledge, indicates that there hasn't been a democracy in Israel for a long time. It is unclear why we went to elections and repeatedly replaced the Knesset members over the past year when we are under the rule of the High Court.
The recent hearing is yet another link in the chain. "Basic Law: The Knesset" explicitly states that the Knesset's work order will be determined by the Knesset, through law or by procedure.
The court's involvement in the determination of house procedures is a violation of the principle of separation of powers. Imagine the storm that would have occurred had the speaker of the Knesset tried to intervene in the judges' panel discussing the case, or had the minister of justice ordered the postponement of the High Court hearing.
The Knesset's chief legal counsel tried to explain to the judges that "not every issue put before you needs to be addressed."
The lengthy debate in the High Court, on questions that lie at the core of the Knesset's authority and which should be subject to the decisions of elected officials, is proof that Israeli democracy, as far as the High Court is concerned, is long dead.
Rumors of the demise of Israeli democracy can be refuted by the speaker of the Knesset.
With all due respect to the courts, Knesset speaker Edelstein's authority is clearly derived from the provisions of the basic law.
The independence and immunity of the legislature stand on Edelstein's side.
