FEBRUARY 9 • 2023 | 11

would be if all 15 justices 
agree on it.
3. Legal 
Unreasonableness. The 
third part of the govern-
ment’s current plan is to 
cancel the “legal unreason-
ableness” determination, 
which the Israeli Supreme 
Court can use to cancel 
decisions made by the 
government if the Court 
determines that they are 
“extremely” unreasonable. 
In fact, the Court just did 
this, blocking the appoint-
ment of a minister who was 
previously convicted of a 
crime.
The U.S. has nothing 
like this. Although many 
believe the U.S. Supreme 
Court has, in essence, 
rewritten the Constitution 
and, in reality, makes 

decisions based upon “rea-
sonableness,” the Court is 
not formally granted such 
powers. In truth, because 
the Constitution needs to 
be interpreted in a conser-
vative or liberal way, the 
justices clearly do keep the 
test of “reasonableness” in 
mind. In Israel, however, 
because a Basic Law is so 
much more detailed, the 
Israeli Supreme Court can 
find many more reasons 
to invalidate a law than its 
American counterpart.
The current debate in 
Israel is not about the dif-
ference between democracy 
and totalitarianism, regard-
less of how passionate the 
voices may seem. In fact, a 
compromise will ultimate-
ly be agreed upon. The 
Israeli Supreme Court may 

find its power to act as a 
super-legislature, blocking 
the supposed excesses of 
the executive and legisla-
tive branches, somewhat 
curtailed, but Israel’s robust 
democracy will survive.
Israelis can certainly be 
proud of one thing: They 
are the only democracy 
that the Middle East has 
ever known and likely will 
ever know in our lifetimes. 
Israel sets an example to 
the world of how important 
the law really is. 

Cliff Rieders is a board-certified 

trial advocate in Williamsport, past 

president of the Pennsylvania 

Trial Lawyers Association and a 

past member of the Pennsylvania 

Patient Safety Authority. None of 

the opinions expressed necessarily 

represent the views of these 

organizations.

rating.
A key factor that 
determines where Israel 
stands in the global 
economy is the strength 
of its professionalism and 
independence of its judicial 
system. Safeguarding 
the separation of powers 
(between the legislative, 
executive and judicial 
branches) is the ironclad 
principle on which 
democracy rests.
Despite the fact that 
there is broad agreement 
as to the need for some 
improvements in the 
judicial system, the overall 
package of measures that 
has been proposed comes 
with major risks for the 
very character of Israel’s 
democratic regime and for 

its international image.
The reaction of investors 
and rating agencies to the 
planned changes is likely 
to be sharp and swift.
A weakening of judicial 
review is liable to make it 
possible for a government 
to adopt measures 
that deal a blow to the 
economy. These include 
damage to property 
rights, fanning investors’ 
fears of arbitrary and 
unanticipated decisions 
and changes in the rules 
of the game when there is 
no effective judicial review 
and oversight.
It is important to 
understand that there is a 
link between processes that 
on the surface do not seem 
to be related, such as the 

capacity for judicial review 
of government actions and 
investors’ confidence in a 
stable economy.
The steps being 
proposed to weaken the 
process of judicial review 
and oversight increase the 
risk of harsh and painful 
repercussions. Israel 
should avoid taking such a 
risk. 

Professor Jacob Frenkel served as 

governor of the Bank of Israel from 

1991-2000, is a laureate of the Israel 

Prize in Economics, and is chairman 

of the Frenkel-Zuckerman Institute 

for Global Economics at Tel Aviv 

University. Professor Karnit Flug 

served as governor of the Bank of 

Israel from 2013-2018 and is vice 

president of the Israel Democracy 

Institute. This article is an adapta-

tion of a previous essay published 

in Hebrew.

letters

Back in Detroit
I just wanted to send along a great 
picture of my husband and new baby 
excitedly reading the first edition of 
the Jewish News that we received since 
moving back to Detroit. I thought 
I would pass it on because it was so 
precious! My husband, Albert, and I 
are both Detroit natives but lived in Los 
Angeles for the past five years before 
moving back to Detroit to start a family. 
We are so happy to be back in such a 
wonderful Jewish community and place 
to raise our son, Ezra, who is almost 7 
months old. 

— Alexandra Budnitskiy

Royal Oak

Correction:
There were several errors in the story 
“Garrett’s Space Receives $4 Million in 
Funding” (Feb. 2, page 16). Garrett’s 
Space was founded in 2019, and it was 
the organization itself that applied 
for the funding. Garrett’s Space is 
not negotiating on the property it 
purchased; the property is going 
through a rezoning process. Garrett’s 
Space will be closing on the property 
in the spring and will have the grounds 
to support other holistic activities (not 
treatments). Also, suicide is the second-
leading cause of death in youth and 
young adults in Michigan, not the first.

