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Research Article

Democratic backsliding and the constitutional blitz

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Published online: 18 Apr 2024
 

ABSTRACT

The aim of this paper is to analyze the acceleration of the democratic backsliding Israel experienced between January 2023 and April 2023 during the first session of the 25th Knesset and the 37th government in Israel. We explore the factors that contributed to this process. Our goal is to determine whether there are any elements that are unique to Israel in this regard that distinguish it from other countries that have experienced such backsliding in recent years. To do so, we utilize an event history analysis based on a timeline of the actions of the members of the 37th government. The analysis shows that the four incentives that aligned together before the election of the 25th Knesset and the creation of an extreme right-wing government accelerated the backsliding of Israeli democracy. The unique factor that distinguishes Israel from other countries is the indictments of Prime Minister Benjamin Netanyahu. The conclusions offer several insights for Western democracies from the Israeli case.

Disclosure statement

No potential conflict of interest was reported by the author(s).

Notes

4 In July 2019 the General Attorney announced officially that there was an ongoing investigation into Prime Minister Netanyahu. In December 2016 the General Attorney authorized the police to open up criminal investigations into two affairs involving Netanyahu.

5 On 2 January 2020 in a TV interview Netanyahu replied: What? No way. https://www.youtube.com/watch?v=s3MFmaUn2Ds

9 Should the period mentioned in article 8 have elapsed, and the Member of the Knesset has not informed the President of the State that he has formed a government, or has informed him beforehand that he is unable to form a government, or that he has presented a government, and the Knesset rejected the request to express confidence in it on the basis of article 13(d), the President shall assign the task of forming a government to another Member of the Knesset, who has informed the President that he is willing to assume the task, or shall inform the Speaker of the Knesset that he sees no possibility of arriving at the formation of a government, and all within three days from the day on which the period ended, or from the day on which the Member of the Knesset announced that he is unable to form a government, or from the day on which the request to express confidence in the Government was rejected, as the case may be.

16 chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://ynet-pic1.yit.co.il/picserver5/wcm_upload_files/2022/12/22/S1HNsT11Fo/pdf

24 Prof. Moshe Koppel is a specialist in machine learning and artificial intelligence. He has also written on the metalogic of Halacha and on constitutional law.

28 A senior fellow at The Kohelet Forum.

33 The protestors called the government the criminals' government, because two ministers were convicted felons and the prime minister had three indictments against him. https://www.mako.co.il/news-politics/2022_q4/Article-f1ef589db0d5581027.htm

35 A memorandum of government law is a document prepared by a government office on issues within its areas of responsibility. It includes the main points of the proposed law, its effect on the existing law, on the state budget and other factors, and, of course, the wording of the proposed law and its explanatory notes.

37 The numbers come from news reports and reports from the leaders of the protests.

38 For example, Zulat https://en.zulat.org.il/ and the Movement for Quality Government https://en.mqg.org.il/

42 https://www.ynet co.il/news/article/bk2s66xbn

47 Four out of five were proposed by the Constitution, Law and Justice Committee--one in the committee for preparation for the second and third hearings, one in the committee for the preparation for the first hearing and one passed and one after the second and third hearings in the committee.

48 Basic Law: Government (amendment 12) and Basic Law: Government (amendment 11).

49 https://main.knesset gov.il/News/PressReleases/Pages/press06.03.23d.aspx

57 https://www.calcalist.co.il/local_news/article/bkxgpa9×2

58 The Movement for the Quality of Government is an independent, non-partisan, non-profit movement that works to ensure adherence to the rule of law, and promote the public interest and democracy in Israel. https://www.mqg.org.il/%D7%90%D7%95%D7%93%D7%95%D7%AA/?gclid=CjwKCAjw_YShBhAiEiwAMomsEO4vMWO6Fe2V5nd_QqL81zR_buvgCDaJmG7Hw5DyRQM98lWJTw6CoRoCT6QQAvD_BwE

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