Israeli liberals must understand: The courts will not save democracy (original) (raw)
A right-wing, pro-government protest against the attorney general and the Supreme Court president, in Jerusalem last June. The path forward runs not through courts, but through voters. Credit: Itai Ron
American history shows that reliance on courts as engines of liberal reform is problematic both in terms of norms and strategy. Israel should take note
Samuel Moyn and Yehonatan Givati
April 09, 2026
Israel was born without a constitution and long resisted judicial supremacy. For decades, its legal system reflected the British parliamentary tradition, in which courts interpreted statutes but did not claim authority to override the political branches. Only in recent decades did Israel begin to emulate the American model of constitutionalized judicial power. This turn, championed largely by liberals, is likely to prove a grave mistake. American history shows that reliance on courts as engines of liberal reform is both normatively troubling and strategically self-defeating. The American past, in this sense, is a warning about Israel's future.
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