Authoritarian Developments in Israel: Contextualizing the Judicial Reform

Abstract When Israel’s current government announced its plan for a fundamental restructuring of the state in 2022, it caused international criticism and massive protests throughout the country. The so-called judicial reform would grant the government control over the appointment process of judges and effectively eliminate judicial review. Its opponents therefore feared for no less than the end of the separation of powers and thereby Israel’s democracy. This article argues that the current attack on the Supreme Court and the rule of law is closely linked to the struggle over Israel’s national identity. Its distinctive constitutional structure and unique historical challenges have created a vibrant democracy that depends on ongoing social discourse. However, this has also led to a particular vulnerability to populist narratives, which is evident in the current political struggles. The article traces the constitutional–historical origins of this vulnerability and then analyzes how the political right created a populist narrative that was used to attack the judiciary and, with it, the separation of powers and democracy.