The Theory and Practice of Democratic Backsliding

The Theory and Practice of Democratic Backsliding: Israel Presented by: Mr. Cohn Chair: Prof. King Date: 13 March 2025, 1:00 pm–2:30 pm Democratic Backsliding: The Concept - Titles - Definitions: • - `degradation in the quality, functioning and experience of democracy and democratic rights... changes are made in formal political institutions and informal political practices that significantly reduce the capacity of citizens to make enforceable claims upon the government." (Lust and Waldner, 2015). • - `a process of incremental (but still substantial) decay in the three basic predicates of democracy – competitive elections, liberal rights to speech and association, and the rule of law.' (Huq and Ginsburg, 2018). Democratic Backsliding: Theories - Lust and Waldner, 10 • 'A theory is a set of logically consistent statements that generate highly abstract explanations of a general category of outcomes; theories provide models of the causal processes that produce the world we observe, usually by making claims about human motivation and action. Because of their abstraction, theories are not directly testable.' Democratic Backsliding: Groups of Theories - Deductive reasoning (the 'what') - Types of processes (the 'how') - Explanatory theories (the 'when') Groups of Explanatory Theories - - Lust and Waldner: six theory families • (1) Political leadership; • (2) Political culture; • (3) Political institutions; • (4) Political economy; • (5) Social structure and political coalitions; • (6) International factors. Huq and Ginsburg (2018), 118: Five mechanisms (how): • '(i) constitutional amendment; • (ii) the elimination of institutional checks; • (iii) the centralization and politicization of executive power; • (iv) the contraction or distortion of a shared public sphere; and • (v) the elimination of political competition'. Main Components - Judicial appointment process - Review of Basic Laws and legislation - Narrowing down unreasonableness review - Other reforms, e.g. media market: A Summary And Examples Of The Coalition's Anti-Democratic Legislation During The 25th Knesset First Winter Session: - Reducing the independence of the judiciary - 59 laws • In addition to the judicial reform bills:  Restoring immunity to Knesset members  Prohibition of criminal investigations against a sitting prime minister (the French law)  Elimination of the fraud and breach of trust offense - Harm to proper public administration and election procedures - 20 laws • Political appointments in government companies • Failure to pass a budget will not lead to the dissolution of the Knesset • Deputy director generals in government ministries as positions of trust • The gift law that allows public servants to accept donations for health and legal procedures - Violation of Human and Civil Rights - 32 Laws • Cancellation of Social Security benefits for those who offended the honor of the flag and state symbols • Limiting the activities of civil society organizations supported by foreign entities - • ISA (Israel Security Authority) surveillance on criminal crimes • Prohibition of strikes 30 days before general and local elections Religious coercion, harm to women, LGBT people and minorities - 26 laws • The Chametz (Leaven) Law that bans people from taking leavened food made from grain into public hospitals during Passover (passed by the Knesset) - • Expanding the powers of the rabbinical courts to civil matters • Repeal of the grandson clause in the Law of Return • Definition of nationality in the Population Authority according to Jewish law • Prohibition of encouraging a person to leave Jewish orthodoxy Limiting Freedom of Expression: Public Media, Academia, Culture and Art - 16 Laws Motivations - Proponents' version - Opponents' version Case-Study 2 : Appointment of Judges - The current structure: the judicial Appointment Commission BASIC-LAW: THE JUDICIARY (Originally adopted in 5748-1984) This unofficial English translation of the basic law includes all the amendments adopted through May 1, 2022. For the full and updated legislative history of the official law (in Hebrew), please see the relevant page in the National Legislation Database. Special thanks to Dr. Sheila Hattis Rolef for the translation. Chapter A: Basic Provisions - Power of adjudication • The following courts are vested with the power of adjudication:  (1) The Supreme Court;  (2) A district court;  (3) A magistrates' court;  (4) Another court designated by law as a court of law; • In this law, "judge" - a judge of a court as aforesaid. Chapter B: The Judges - Appointment of judges (4.) • (a) A judge shall be appointed by the President of the State, in accordance with the selection of the Committee for the Selection of Judges. • (b) The Committee shall be made up of nine members, who are the President of the Supreme Court, two other justices of the Supreme Court chosen by their fellow justices, the Minister of Justice and another Minister assigned by the Government, two Members of the Knesset selected by the Knesset, and two representatives of the Bar Association, selected by the National Council of the Association. The Minister of Justice shall be the Chairperson of the Committee. • (c) The Committee may operate even if the number of its members has decreased, as long as it is no less than seven. - Nationality (5.) • Only an Israeli citizen can be appointed as judge. III.2 Case-Study 2: Appointment of Judges - Three paths: • Papers arguing that Israel's appointment committee is unique • Attempts at changing the nature of the Israel Bar • Refraining from appointment of Supreme Court President and Justices Path - October 2023 – retirement of the President and two Justices - Against the Justice Minister's declaration: HCJ 1711/24 - First decisions, September 2024. 22 September 2024