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We the People

Israel’s Constitutional Crisis

We the People

National Constitution Center

News, News Commentary, History

4.61.1K Ratings

🗓️ 30 March 2023

⏱️ 50 minutes

🧾️ Download transcript

Summary

In January 2023, the Israeli government under newly re-elected Prime Minister Benjamin Netanyahu proposed a series of legal reforms that set off a wave of protests and calls of a constitutional crisis. The reforms seek to empower the Israeli legislature, known as the Knesset, to override decisions of the Supreme Court of Israel as well as to control the appointment of justices to the Court, and to limit the power of the Court to review administrative acts. Large-scale rallies and protests across Israel ensued; the protestors and critics, including many lawyers and academics, argue that the reforms undermine judicial independence and threaten Israeli democracy. In this week’s episode, Professor Yuval Shany of the Hebrew University of Jerusalem and Professor Tom Ginsburg of the University of Chicago join to explain the current situation in Israel and unpack the debate over the proposed reforms; discuss the similarities and differences between the American and Israeli constitutional systems; and how and why the reforms if passed, and taken as a whole, could lead to democratic backsliding. Host Jeffrey Rosen moderates.   Resources   Yuval Shany and Amichai Cohen, “The Israeli President’s Plan to End the Constitutional Crisis,” Lawfare (March 27, 2023)  Yuval Shany and Amichai Cohen, “The New Israeli Government’s ‘Constitutional Law Reforms’: Why now? What do they mean? And what will happen next?,” Lawfare (Feb. 14, 2023)  “A law professor worries Israel could become the next Hungary,” Jerusalem Post (Jan. 9, 2023) Comparative Constitutions Project  Questions or comments about the show? Email us at podcast@constitutioncenter.org.    Continue today’s conversation on Facebook and Twitter using @ConstitutionCtr.    Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate, at bit.ly/constitutionweekly.    You can find transcripts for each episode on the podcast pages in our Media Library.

Transcript

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0:00.0

Earlier this year, the Netanyahu administration, Israel proposed a series of judicial reforms setting off a constitutional crisis.

0:09.0

The proposals would empower the Israeli legislature known as the Knesset to override

0:13.7

decisions of the Supreme Court of Israel and to control the appointment of

0:17.8

judges to the court. The proposal was met with large-scale protests across

0:21.9

Israel by hundreds of thousands of

0:23.4

demonstrators who argue that they undermine judicial independence.

0:27.6

Hello friends, I'm Jeffrey Rosen, president and CEO of the National Constitution Center,

0:34.4

and welcome to We The People, a weekly show of constitutional debate. The National Constitution

0:39.2

Center is a nonpartisan nonprofit chartered by Congress to increase awareness and

0:44.0

understanding of the Constitution among the American people.

0:47.5

To help us understand the debate over judicial reform in Israel and the similarities and differences between the American

0:55.0

and Israeli constitutions were joined by two leading scholars of comparative constitutional law and

1:01.0

it's an honor to have them both.

1:02.4

Professor Yval Shani is the her constitutional law and it's an honor to have them both.

1:02.5

Professor Yval Shani is the Hirsch Lauterbach chair

1:06.8

in international law and former dean of the law faculty

1:09.8

of the Hebrew University of Jerusalem.

1:12.0

He has written about the constitutional crisis

1:14.7

on the legal blog Law Fair and elsewhere.

1:17.2

Welcome Professor Shani to We The People.

1:19.9

Thank you.

1:20.5

Nice being here.

...

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