Tel Aviv Diary
Tel Aviv Diary Podcast
Understanding Israel's Legal Crisis with Dr. Ido Baum
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Understanding Israel's Legal Crisis with Dr. Ido Baum

Tel Aviv Diary Podcast, July 17, 2024

In this compelling episode of Tel Aviv Diary, host Marc Schulman sits down with Dr. Ido Baum, a law and economics professor and head of the Lewis Brandeis Institute for Society, Economy, and Democracy, to unpack the ongoing legal and constitutional crisis that has gripped Israel since January 2023.

Episode Highlights

Israel's Unique Democratic Structure Dr. Baum explains how Israel operates as a democracy without a formal constitution, relying instead on basic laws and democratic norms that have been respected for 75 years—until now. He details the fragile system of checks and balances, where the Attorney General serves as the primary gatekeeper against executive overreach.

The Judicial Reform Crisis The conversation delves into Justice Minister Yariv Levine's controversial judicial reform proposals that sparked massive protests and weekly demonstrations at Kaplan Street. Dr. Baum explains how these reforms aimed to weaken judicial oversight and strengthen executive power, fundamentally threatening Israel's democratic foundations.

Current Legal Battles

  • The government's unprecedented attempt to fire Attorney General Gali Baharav-Miara through irregular procedures

  • How the Attorney General's role as both legal advisor and head of prosecution makes her a crucial check on government power

  • The ongoing investigations into Netanyahu's advisors allegedly being funded by Qatar and leaking classified information

Netanyahu's Corruption Trial Dr. Baum provides insights into what may become Israel's longest criminal trial, explaining why the proceedings have stretched on for over five years and how Netanyahu uses various tactics to delay the process, including deploying intelligence chiefs to court to justify absences.

Democracy Under Pressure The discussion reveals alarming details about the current state of Israeli institutions:

  • The Supreme Court operating with only 12 of 15 justices due to government obstruction

  • The Justice Minister's boycott of the Chief Justice

  • How the government bypasses legal oversight through irregular appointments and procedure changes

Looking Forward Dr. Baum draws parallels between Israel's democratic backslide and global trends, while emphasizing the unique stakes for Israel given its security challenges. He discusses the potential for the upcoming elections to serve as a crucial turning point for the country's democratic future.

This episode is essential listening for anyone seeking to understand the complex legal and political dynamics shaping modern Israel, offering expert analysis of how institutional norms are being challenged and what it means for Israeli democracy's survival.

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