Judicial Overreach or Democratic Crisis? Inside Israel’s Political Storm

The Netanyahu Paradox: Wartime Leader Under Legal Siege

In a striking interview on The Mark Levin Show, Israeli historian and Hebrew University senior lecturer Gadi Taub dissected the unprecedented legal and political challenges facing Prime Minister Benjamin Netanyahu. Levin framed the discussion around a provocative question: “How does a democratically elected leader govern while battling a judicial system that operates as a quasi-tyrannical force?”

Taub didn’t mince words: “Israel is technically no longer a democracy.” He described a Supreme Court that has “usurped the power of constitution formulating” despite Israel having no formal constitution. The court’s authority, he argued, now dwarfs the Knesset’s legislative role, enabling judges to strike down laws at will—a system he likened to “an old Soviet Politburo.”

The Anatomy of a Judicial Coup

Key dynamics revealed in the interview:

1. The Self-Perpetuating Judiciary
   Israel’s Supreme Court justices appoint their own successors, creating what Taub called a “closed loop of unaccountable power.” This echoes Levin’s comparison to U.S. bureaucratic “deep state” operations, but amplified:

“Imagine your Supreme Court striking down the 25th Amendment. That’s the level of overreach we’re seeing” [Taub].

2. Lawfare as Political Weapon
   The Netanyahu cases—particularly the “absurd” bribery charge involving alleged favorable media coverage—highlight what Taub termed a “symbiosis between the press, law enforcement, and left-wing factions.” Levin drew direct parallels to the Trump-Russia investigations:

“They could not defeat Netanyahu at the polls, so they engineered this lawfare campaign” [Taub].

3. Constitutional Chaos
   Israel’s lack of a formal constitution allows courts to invent “semi-constitutional laws.” Taub noted the irony:

“The same court that claims constitutional authority just struck down a constitutional amendment passed by the Knesset” [Taub].

Parallels to American Turmoil

Levin highlighted the transatlantic pattern:

• Judicial activism overriding legislative mandates

• Media-law enforcement collusion against right-wing leaders

• Foreign funding of anti-government protests (Taub noted U.S. donors backing Israeli judicial activists)

The historian warned:

“What Trump faced in his first term—the FBI investigations, the Russiagate frenzy—Israel has institutionalized. Multiply that tension by ten” [Taub].

Can Democracy Survive Institutional Capture?

Both Levin and Taub emphasized the stakes:

• Israel’s Supreme Court now reviews everything from military decisions to municipal garbage collection

• The Knesset’s 2023 judicial reform effort failed amid violent protests funded by dark money

• Netanyahu spends three days weekly in court despite wartime leadership demands

Taub’s grim assessment:

“When courts, media, and bureaucrats form an unelected triumvirate, elections become ceremonial. Sovereignty dies” [Taub].

A Call to Defend Self-Governance

As Levin concluded:

“This isn’t just Israel’s fight. It’s a warning for every nation that cherishes the consent of the governed” [Levin].

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