When the First Brick falls of the Fortress of Democracy: Dealing with the First Slice of the ‘Salami Tactic’ for Eroding Democracy

Abstract Democracies today do not collapse all at once, in an extreme and illegal manner, but erode gradually, through a series of subtle and seemingly legal measures. This challenges traditional theories of unconstitutional constitutional amendments, which are designed to address revolutionary changes that negate core features of the constitutional order. How should courts respond when a constitutional amendment comes at the early stages of a process of democratic erosion, when the ‘first brick’ is falling from the fortress of democracy, or when would-be autocrats slice the first piece from the ‘salami’ that is the democratic constitutional order? Against the backdrop of Israel's recent judicial overhaul, we argue that in countries experiencing incremental democratic erosion, courts must take a broad and contextual view and, when there is evidence that further anti-democratic moves are being planned, prevent that ‘first brick’ from falling. This is crucial to protect other democratic institutions, such as significant gatekeepers or constitutional courts.