Commentary

This article was written and accepted for publication in the summer of 5783/2023 and scheduled to appear after the holidays. Because of the outbreak of Israel’s “Iron Swords” war with Ḥamas following the murderous attack on Israel on Shabbat/Simḥat Torah (7 October, 2023), we agreed that publication needed to be postponed. Now, five months into the war with no end in sight, we are nevertheless witness to renewed political tensions, public demonstrations, disagreements and paralysis in appointing judges and the President of the Supreme Court, together with resumption of talk of the “judicial reform.” Despite the continuing tragedy of the war in the south and warfare in the north, a review of how our sources treat the separation of powers and majority rule may help us avoid repeating some of the mistakes of the pre-war political and ideological divisions in Israel and contribute to a more reasoned consideration of the issues.

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