I. The Problem

The most critical issue facing Israel today is a small, unelected elite, chiefly based in the judiciary and the civil service, that determines policy and holds veto power over public appointments in despite of the people's elected representatives in the Knesset. For example:

• Judges are not appointed by the Knesset but by a panel controlled by justices of the Supreme Court; indeed, the Supreme Court appoints its own members.
• The courts disqualify nominees to public office, and strike down laws and policies, that do not suit the judges' political preferences. In Israel, any appointment or policy decision can be taken to court.

• The police, state prosecutor's office and the judiciary often curtail the free speech and liberties of people whose opinions they dislike. The rights of those whose opinions these officials approve of are protected.
• In the United States, such abuses would be investigated by Congressional committees with full powers to subpoena and to cite for contempt. The Knesset has yet to pass legislation giving itself these powers.

• The most dangerous consequence of the shift in power away from the people's elected representatives is that public policy in Israel frequently is hostile to Judaism and to the idea of a Jewish state. Consequently, many Israelis now feel alienated from their government and its policies.

II. The Solution

Israel would work better as a Jewish state if its democracy worked better-if the people's elected representatives had more control over public policy and government appointments. This requires documenting and publicizing the flaws of Israel's current political institutions and the abuses to which they lead, and designing and advocating legislation to fix them.

Changes in the system must be legislated by politicians, but past experience shows that most Israeli politicians will not take the lead in pressing for them. As in other democracies, responsibility for planning political change and seeing it through rests primarily upon concerned citizens, acting through professional nonprofit organizations that work full time for the objective. The political balance in Israel today could create an unprecedented opportunity to correct existing flaws in Israel's public institutions.

III. The Israel Policy Center

The Israel Policy Center (IPC) was established in 2002 by leading Israeli lawyers, academics and journalists to make necessary changes happen. The IPC has moved quickly to assume the leading role in creating democratic and constitutional change that will secure Israel's future as a Jewish democracy.

• The IPC's senior researchers have been appointed advisors to the Knesset Committee on Constitutional and Legal Affairs. We advise the committee on its current initiative to draft an Israeli constitution. IPC drafted the section of the constitution defining Israel as the state of the Jewish people, now being considered by the Committee.
• In 2002 the IPC drafted legislation providing for Knesset confirmation of all judicial appointments. A large minority of MKs have expressed support for this legislation and the IPC hopes it will eventually attract majority support. IPC is complementing this legislation with a full suite of legislative proposals to reform the law enforcement system in Israel.
• The IPC initiated two internet periodicals for the public at large: Democracy Watch, a series of action memoranda tracking abuses of power by Israel's unelected elites, and Knesset Watch, which documents, and grades, MKs and ministries on their support-or otherwise-for initiatives to make Israel's political system more democratic and more sympathetic to Jewish values.
• The IPC is regularly consulted by influential figures in Israel's political system for advice on constitutional and legislative issues.

IV. IPC's Program of Activities for 2004

Key elected officials, and the interested public, have high expectations of the IPC's work. In order to fulfill these expectations, the IPC needs to expand its activities greatly, and needs to do so without delay. The IPC has developed a five-point program for 2004:

• Draft legislation for reforming the office of the Attorney General and the State Prosecutor's Office, complementing our legislative proposal on judicial appointments reform.
• Expand our staff and attain advisory status to the Knesset Finance Committee and Internal Affairs Committee.
• Work to create a broad consensus in the Knesset in favor of our legislative program.
• Provide ongoing advice and staff work for the Knesset Constitution and Legislative Affairs Committee and the Subcommittee on the Constitution, helping to shape prospective constitutional legislation in a way to reinforce Israel's character as a Jewish state.
• Establish a Legal Section, to expose and challenge abuses of power by government officials and defend the rights of individuals whose rights have been violated.

IV. Leading Participants

Dr. Yitzhak Klein (Ph.D. Government, Harvard), Director
Prof. Moshe Koppel (Ph.D. Mathematics, NYU), Bar-Ilan University
Mr. Jonathan Rosenbloom (J.D., Yale), Columnist, Jerusalem Post
Mr. Ben-Dror Yemini (J.D., Hebrew U.), Editor, Editorial page, Maariv

V. Your Support is Needed

If democratizing Israel's system of government and upholding Israel's character as a Jewish state is important to you, please consider supporting the work of the Israel Policy Center. Contact us at info@merkazmedini.org or call Dr. Yitzhak Klein at 972-55-743391.