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Reason
Reason
Ilya Somin

New Israeli Government's Judicial Reforms are not Anti-Democratic—But they May Create a Tyranny of the Majority

The new right-wing Israeli government headed by Prime Minister Benjamin Netanyahu has put forward reform proposals that, if enacted, would largely destroy judicial review, and concentrate more power in the hands of ruling politicians. Critics have denounced the reforms as anti-democratic. For example, Aharon Barak, the famed former Chief Justice of the Israeli Supreme Court, warns that the government's plan will "strangle democracy." In reality, the plan would actually enhance democracy, in the sense of increasing the power of the elected representatives of political majorities. The real danger it poses is not that of too little democracy, but too much—thereby setting the stage for a dangerous tyranny of the majority. As Attorney General Gali Baharav-Miara (another opponent of the proposal), puts it, the enactment of these reforms "would give [the] government unrestrained power."

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