Alan Dershowitz Says Judicial Legislation Must Be Halted For A Year While Constitution Drafted

Internationally renowned Harvard Law professor, Alan Dershowitz, offered his advice to Prime Minister Bibi Netanyahu, urging him to pause the legislation of judicial reform for a year. Dershowitz suggested using this time to work towards implementing a written constitution that would include appropriate limitations on all branches of government.

According to Dershowitz, Israel’s unique circumstances might necessitate different checks and balances compared to other countries, but he questioned the extent of recent changes, stating that some go too far. He emphasized the importance of attributing goodwill to all sides of the debate and advocated putting an end to both the legislation and the protests, which he praised for their non-violent nature and as a model of democracy.

Referring to the Israeli Supreme Court as the “legal Iron Dome,” Dershowitz stressed its crucial role in protecting Israel’s legal system and safeguarding soldiers from international tribunals. He assured that Israel would remain a democracy subject to the rule of law, but expressed hope that the proposed judicial reforms would not be enacted.

“I think the time has come to stop legislating judicial reform, to put it on hold for a year and try to use that year to get a written constitution that would include the appropriate limitations on all the branches of government,” he said. “Israel does not have a written constitution and a bicameral legislator and might need checks and balances that are somewhat different [to other countries] but I think reasonable people can agree or disagree as to the recent change. As to other changes, they go too far.”

Speaking to Ynet on Tuesday, Dershowitz who has been a close ally to Netanyahu and describes himself as a personal friend of the prime minister, said he does not believe Netanyahu was trying to abolish the supreme court.

“I want to attribute goodwill to all sides of this debate,” he said. “It’s time to make this a more thoughtful and less polarized debate to make changes that will keep the Supreme Court – the Iron dome that protects the Israel legal system against the Hague and preserves the Supreme Court as the Jewel of the Israeli legal system.”

“I will volunteer to be a lawyer for any Israeli soldier, any Israeli official who’s ever arrested and brought to the Hague,” he said adding that the international tribunal would have no jurisdiction because Israel would remain a democracy, subject to the rule of law. “But there could come a time theoretically, if the Supreme Court were so weakened that the Hague would not consider that it satisfies the criteria of complementarity and that would put soldiers at risk, that is why I call the Israeli Supreme Court the legal Iron Dome that protects its soldiers like the physical Iron Dome protects the residents of Sderot and other places.”

Dershowitz clarified that the controversy surrounding the proposed legislation is an internal Israeli matter and advised the administration to focus on its own affairs. While he agreed with President Biden on the importance of broad consensus in making decisions, Dershowitz offered his services as a mediator between all sides, highlighting the open dialogue he maintains with Netanyahu and President Isaac Herzog.

Praising President Herzog as the hero of the moment for steering the debate away from extremism, Dershowitz commended his efforts to maintain a middle ground. He also suggested that there might be a time when American friends of Israel could assist the nation.

Dershowitz acknowledged that he does not fear a constitutional crisis in Israel but expressed concern about a crisis of trust. He emphasized the importance of preserving the existing method of electing judges for Israeli courts, distinguishing it from the highly political method employed in the United States.

{Matzav.com}