In this episode of the “What Matters Now” podcast, host interviews Hebrew University law Prof. Benjamin (Benny) Porat, a resident of the Ma’ale Adumim settlement in the West Bank, about the ongoing debate in Israel over judicial reform and its implications for the country’s democratic institutions. Porat is a vocal opponent of the coalition’s judicial overhaul. Here are some key points from the interview:
The High Court Hearing: The interview starts by discussing the recent High Court hearing on the judicial overhaul legislation, which is seen as a clash between the government and the Supreme Court. Porat emphasizes that the key questions revolve around the Supreme Court’s authority and its role in providing checks and balances to the government.
The Role of the Declaration of Independence: Porat highlights the importance of the Declaration of Independence in this debate. He explains that the document, while not legally binding, is significant because it outlines the principles of Israel as a Jewish and democratic state. Its interpretation and relevance in modern Israeli law are subjects of debate.
The Lack of a Constitution: Israel’s lack of a formal constitution is discussed as a key factor in the ongoing debate. Porat explains that without a constitution, the Supreme Court is often the only entity that can provide checks and balances on the government, which adds to the significance of the judicial reform debate.
Incorporating Jewish Legal Tradition: Porat, a specialist in Jewish law, discusses how Jewish legal tradition can inform modern legal discussions in Israel. He mentions concepts like “Adam Hashuv” (the dignified person) and the historical role of rabbinical courts in providing checks and balances on politicians within Jewish communities.
Comparing Jewish Law and Modern Democracy: The interview explores how Jewish legal concepts can be adapted to modern Israel, emphasizing that it’s important to find a balance between Judaism and democracy. Porat argues that this balance is essential for Israel’s survival and prosperity in a complex region.
Gender and Religious Sensitivity: The role of women in religious circles and potential gender-related issues in legislation and constitution-making are touched upon. Porat acknowledges the complexity of these issues within the Israeli context.
Societal Divisions: The interview concludes by discussing the growing divisions within Israeli society, particularly in light of the judicial reform debate. Porat emphasizes the importance of breaking stereotypes and fostering respectful dialogue among Israelis with differing views.
Overall, the interview provides valuable insights into the ongoing debate over judicial reform in Israel, highlighting the significance of the Supreme Court’s role, the potential influence of Jewish legal tradition, and the challenges of reconciling Jewish and democratic values in the country.