Israel’s proposed legal reforms are a dreadful answer to a real problem

There comes a point when culture wars and populism impair a country’s institutions, society and economy. That moment has arrived in Israel, where on February 20th the Knesset, or parliament, is due to hold the first reading of a . The bill is the project of a coalition government led by Binyamin Netanyahu that was formed after elections in November and which includes parties from Israel’s far right. In all but the rarest cases, it will prevent the Supreme Court from striking down laws that have passed through the Knesset. And it gives politicians more sway over judicial appointments. Israel’s unwritten constitution is flawed, but the changes would make things worse by allowing nearly unchecked majority rule. That could make the country less prosperous, more polarised at home and more vulnerable abroad.Part of the motivation for the reforms is personal—Mr Netanyahu is fighting corruption charges and has grown to despise the courts. But Israel’s judicial system also has genuine problems. The country has no formal constitution. Instead, the Knesset has over the years passed “basic laws” that describe institutions and establish rights. In the 1990s, after over 40 years of relative restraint, the Supreme Court suddenly asserted that these laws transcended normal legislation, and arrogated to itself the right to overrule the Knesset if it thought they were contravened. Such judicial activism was not widely envisioned when the basic laws were passed, sometimes with slim majorities. It has fed a sense that the judiciary is a creature of the old left-leaning secular elite, and out of touch with religious and right-wing Israelis.