As the sun sets tonight, the Jewish world will transition into a period of solemn introspection, marking the commencement of Tisha B’Av. This annual fast day mourns the destruction of the First and Second Temples by the Neo-Babylonian and the Romans, respectively. It is a day rooted in tragedy, sorrow, and despair. Many Jewish sages claim that God wrought the destruction of the Second Temple upon his people as punishment for their “baseless hatred” of one another.
Today, Israel is grappling with sweeping judicial reforms that have sparked widespread civil strife, a reminder of the destructive power of disunity. On Monday, with no opposition present, the Israeli parliament passed a significant portion of the proposed judicial-reform package, which seeks to curtail what many legal theorists have argued is a power imbalance that favors the judiciary. The legislation approved on Monday modifies the Israeli supreme court’s current “reasonableness” criterion, which has given the judiciary an expansive mandate to question governmental activities, decisions, or policies as unreasonable, even when they comport with the legal provisions and are founded on undisputed legislative power.
While many opponents of this piece of the judicial-reform package claim that this marks the beginning of the death knell for Israeli democracy, this specific legislation is anything but that. It is a necessary change that enhances the democratic system by establishing a more balanced interaction between the government and the judiciary. This move aims to ensure that each branch of government can operate within its appropriate sphere without undue interference.
However, as justified as the government may be on this issue, it should probably pause before proceeding with further controversial judicial-reform legislation until the demonstrations subside and investors are no longer spooked. But some lawmakers show no signs of slowing down, carrying on with a reckless disregard for the consequences.
As Israelis of all political persuasions mark Tisha B’Av tonight, they should remember that the modern state of Israel is nothing short of a miracle, a phoenix that rose from the ashes of the Holocaust. Yet this resilience is contingent on unity, and a society divided against itself cannot stand. At this critical juncture, it’s time Israelis recognize their shared destiny.