Israel’s Laboratory of Democracy
Will Israel’s Struggle to Build a Democracy Survive Netanyahu?
This essay from Civic Way’s global democracy series was written by Bob Melville. Bob is the founder of Civic Way, a nonprofit dedicated to good government, and a management consultant with over 45 years of experience.
Civic Way’s Comparative Democracy Series
The world’s democracies come in many forms. Some with strong central governments, some federated structures. Some with an independent president and some a parliamentary form. Some retain a ceremonial monarchy.
Some democracies have cultural or historical roots. Some are birthed by historic events. Most mark their commitment to democracy in a formal constitution (Israel is one of the exceptions).
All democracies, regardless of their form, face similar challenges. To meet these inevitable challenges, many nations refine their constitutions, laws and norms. Learning about these changes, and the risks they were meant to abate, can spawn promising ideas for preserving and improving our own democracy.
An Introduction to Israel
The broad contours of Israel’s history are well known. Reconceived as a nation early in the 20th Century. Restored as a homeland for Jewish people after World War II. Declared an independent state in 1948. Triumphant in the 1967 Six-Day and 1973 Yom Kippur wars. Seized the West Bank, including East Jerusalem[i]. Surrounded by enemies like Lebanon, Syria, Jordan and Egypt. Diplomatic isolation, economic boycotts and terrorism. A thriving economy and a fragile democracy in a decidedly inhospitable place.
Israel is a small, urbanized nation[ii] with just over 9.6 million residing on 8,600 square miles (less than New Hampshire). Its official language is Hebrew[iii]. Over 74 percent of Israelis are Jews and 21 percent Arabs. Most Israeli Jews are secular, traditional or modern Orthodox, but Haredi Jews represent the fastest growing group[iv].
Israel has become the most economically advanced country in Western Asia and Middle East. In recent years, it has enjoyed one of the Western world’s highest growth rates. In 2022, the world’s 28th highest GDP (nominal), 14thhighest per capita GDP, 2nd most startups (after the US) and, according to The Economist, the 4th most dynamic economy.
Israel also faces unique perils. It faces the looming threat of terrorism and a nuclear Iran. Its security requires heavy dependence on US military and economic aid. Its economy could be weakened by declining productivity among certain groups. Its mounting public debt limits its future options. Its political and social fissures threaten its domestic unity and global standing.
Israel’s Government
Israel is guided by the Basic Laws and, at least until recently, a largely informal system of checks and balances. Israel is a parliamentary democracy with three branches of government:
Executive branch – The Prime Minister is the head of government, directing the cabinet. The President is the head of state, with largely ceremonial duties.
Legislative branch – The unicameral 120-member Knesset (Parliament) is quite powerful. It passes all laws by simple majority. It can adopt and amend Basic Laws. It selects the Prime Minister, President and State Comptroller, and approves cabinet ministers. The Knesset Presidium—the Speaker and Deputy Speakers—presides over the Knesset.
Judicial branch – The judicial system has three tiers, the Supreme Court (the highest court of appeals with 15 justices), district courts (the first appellate courts), and magistrate courts (the basic trial courts). As High Court of Justice, the Supreme Court assumes judicial review powers[v]. The judiciary system also includes various religious courts for certain personal matters.
Israel has a unitary national government with secondary layers of government. Under the national government, there are six administrative districts, including Judea and Samaria Area in the West Bank. Below the administrative districts, there are 15 sub-districts and 50 natural regions (local governments).
Israel’s Democracy
In 2022, Israel received a Democracy Index (DI) score of 7.93 from the Economist’s Intelligence Unit. It was ranked the world’s 29th strongest democracy, right behind Portugal and just ahead of the US. It was classified as a flawed democracy, with relatively high scores in two areas (electoral process/pluralism and political participation) and low scores in three other areas (government functionality, political culture and civil liberties).
While Israel’s DI score gradually improved from 2006 to 2021, it fell slightly in 2022. The Freedom House awarded Israel a score of 76 of 100 in 2022, also a slight decline from 2021. Israel’s score declines in 2022 were at least partly due to the perceived extremism of the new governing coalition and its expressed agenda for Israel.
Other noteworthy aspects of Israel’s democracy include the following:
Voting – There is universal suffrage for all citizens 18 years or older. Residents of Israeli settlements are eligible to vote[vi]. Arab residents of East Jerusalem may obtain Israeli citizenship[vii]. The Law of Return grants all Jews and those of Jewish ancestry a right to citizenship, but citizens living abroad must travel to Israel to vote.
Elections – Parliamentary elections are scheduled every four years but have been held more frequently. Election day is a national holiday and most public polling stations are open from 7 AM to 10 PM (longer if necessary).
Campaign financing – Political parties rely heavily on public subsidies for financing.
Executive branch – The Prime Minister, a Knesset member and usually the chair of the governing coalition’s largest party, is chosen by a majority vote of the Knesset.
Legislative branch (Knesset) – Members of Knesset (MKs) are elected in a single nationwide district for a four-year term, but usually don’t serve a full term (more frequent elections are often called when governing coalitions disband).
Legislative representation – Knesset seats are allocated to parties using a closed-list proportional representation (D'Hondt) method[viii] and 3.25 percent threshold.
Judicial branch – The judicial branch is widely considered independent. Judges are selected by an independent committee[ix] and administrated by the Administration of Courts.
Term limits – There are no term limits for the Prime Minister and KMs. However, the President and State Comptroller serve single seven-year terms, and the Knesset is considering a bill to limit the Prime Minister to eight total years in office. Supreme Court justices must retire by the age of 70.
Removal process – Upon a majority vote, the Knesset may remove the President and State Comptroller. With a no confidence vote, it also may dissolve the government and call a new parliamentary election[x].
Israel has one of the most competitive—and fractionalized—party systems in the world. There are about 60 parties, 15 of which are represented in the Knesset. Among those represented are Arab citizens and other minorities. No party has won an outright majority of Knesset seats. In recent decades, national elections have been fiercely fought and narrowly decided affairs with the Knesset’s power balance shifting frequently. Opposition parties have enjoyed considerable success at the local level.
Israel has strong independent institutions for ensuring honest elections and protecting the civil liberties of most citizens. The independent Central Elections Committee (CEC) oversees elections. Chaired by a Supreme Court judge and professionally staffed, the CEC ensures that elections are conducted in accord with national electoral laws. While election fraud claims were made in 2021 (without evidence), national elections are widely regarded as orderly, honest and fair.
Israel’s Recent Political Landscape
Arguably, the most serious threats to Israel’s democracy are political instability, corruption and inequity. In recent years, they have dominated Israeli headlines and led to substantial civil unrest.
In 2019, two elections failed to produce a stable governing majority. In 2020, a coalition government collapsed after seven months, necessitating the fourth election in two years. In the March 2021 elections, the Likud Party won the most seats, but could not cobble together a governing coalition. A new moderate governing coalition—a national unity government with eight political parties and 61 seats—ended Likud’s reign.
In June 2022, after the unity government was dissolved, the Knesset was forced to install another caretaker government. In November 2022, another election and coalition, this one led by the Likud party and several far-right, extremist groups[xi]. The new government, with a 64-seat majority and 30,000-vote mandate (of 4.7 million votes), has rushed to attain its anti-democratic goals. Empower the Knesset to appoint judges. Weaken the Supreme Court. Accelerate settlements. Annex portions of the West Bank. Promote theocracy.
Netanyahu’s political strategy may be more about self-interest than ideology. In 2019, Netanyahu was indicted on charges of fraud and bribery[xii]. Netanyahu has accused law enforcement of an “attempted coup” and may have found a way to end his trial. By attaining his coalition’s goals to weaken the judiciary and shield public officials from prosecution, Netanyahu could both hold power and evade jail.
What is on the horizon? Without an independent Supreme Court, inequity could metastasize, and civil liberties could fade. Government support for discrimination could increase. Non-Jewish immigrants could find the citizenship process more difficult. More minorities could have their citizenship revoked. Political expression could become more restricted.
No country’s destiny can be foreseen with precision, but recent events have not been encouraging. Netanyahu’s brazen attempt to subvert the Supreme Court. Bitter political opposition. Mass public protests. Military resistance. Vigilante attacks. Arrests. Rocket attacks and retaliatory air strikes.
Possible Lessons for the US
Israel’s democracy is under siege, but it offers several attributes, such as the following:
Voting – Voter turnout has averaged about 70 percent over the last six parliamentary elections, but regularly exceeded 80 percent before 1973. While the frequency of elections may suppress engagement, voting rules (e.g., making election day a national holiday and extending voting hours) help keep the voter turnout rate relatively high.
Elections – Despite the political instability and strife, the CEC’s independence and professionalism have reinforced the legitimacy of Israel’s national elections.
Campaign financing – The public financing of parties may have, at least to some extent, enhanced the credibility of Israel’s elections.
Legislative branch – The use of a single national district for electing MKs removes the threat of gerrymandering from Israeli politics.
Legislative representation – The proportional representation system broadens pluralism, but the low representation threshold makes coalitions more fragile.
Judicial branch – The Supreme Court has demonstrated its independence by regularly protecting minorities by challenging the other branches and promoting equity.[xiii]
Term limits – The mandatory retirement age of 70 for Supreme Court justices (and the size of the court) helps ensure relatively frequent turnover.
Removal process – The narrow—and rapidly changing—legislative coalition majorities have destabilized politics and undermined the government’s ability to function.
The sheer number of small parties make it difficult to form majority coalitions. As a result, coalition governments are not only the norm, but increasingly fragile.
Troubling Questions
Israel’s democracy is one of the most inspiring political stories of the last 75 years. However, its failure to adopt a constitution—despite the mandate of UN Resolution 181 (the 1947 partition plan)—may have planted the seeds of democracy’s ultimate demise.
Over seven decades after its founding, Israel still lacks a firm legal foundation for ensuring the rights of all citizens. Instead, it faces several unsettling questions, such as:
Will the Knesset undermine the Supreme Court and separation of powers?
Will discrimination against Arabs and other minorities rise if the Supreme Court is weakened?
Will population growth among Arab and Ultra-Orthodox Jews exacerbate civil strife and weaken democracy?
Will political extremism succumb to reason or unleash forces that destroy the nation’s democracy?
Once renowned for protecting a democracy from external enemies, Israel now faces an existential threaten from within. If Prime Minister Netanyahu’s nascent governing coalition represents an irreversible trend, democracy may be doomed in Israel.