...Israel faces a daunting threat environment. The good news is that we have the tools to handle the threats we face. The bad news is that so long as unelected officials in and out of government are able to subvert governing authority, these tools will never be used.
Caroline Glick..
Column One/JPost..
24 September '15..
On Wednesday night Prime Minister Binyamin Netanyahu touched on the most critical threat to Israeli democracy. Following Public Security Minister Gilad Erdan’s announcement that he was canceling Brig.-Gen. (res.) Gal Hirsch’s appointment as inspector-general of the police due to Attorney-General Yehuda Weinstein’s refusal to approve it in a timely manner, Netanyahu said, “Our appointments process is harsh, prolonged, harmful, and without a doubt worthy of review.”
The power to appoint is the power to govern.
Without the power to appoint public servants, governments cannot develop patronage networks.
Although patronage has developed a bad reputation, all it really amounts to is the ability to ensure that officials appointed by a government are loyal to the government and as a result can be depended on to faithfully execute the policies of the government.
When appointments are controlled by unelected forces, elected officials cannot trust that public servants will implement their policies. Indeed, it is almost a given that they won’t.
In recent weeks various unelected forces have conspired to scuttle two senior governmental appointments.
In the first case, retired far-left Foreign Ministry officials sabotaged the government’s appointment of Dani Dayan to serve as ambassador to Brazil.
Alon Liel, a former director-general of the Foreign Ministry, and former ambassadors Ilan Baruch and Eli Bar Navi met with the Brazilian ambassadors to Israel and the Palestinian Authority and petitioned the Brazilian government to reject Dayan’s appointment.
Like the government that appointed him, Dayan does not support these former officials’ goal of surrendering full control over eastern, southern and northern Jerusalem, and Judea and Samaria. His position made him a target for Liel and his colleagues.
In an interview with Army Radio on Monday, Liel bragged that he’s been working for years to undermine the government’s ability to determine Israel’s foreign policy. Liel explained that as he and his friends see things, since the public doesn’t agree with them, Israeli democracy is illegitimate, and it is therefore legitimate for them to subvert it.
In his words, “I don’t expect my camp to control the government. If I thought my camp could win an election I would work within the Israeli system. My ideology won’t be able to win an election for the foreseeable future.”
So far their initiative has been a raving success.
Brazilian President Dilma Rousseff informed Netanyahu that she opposes Dayan’s appointment. If Netanyahu and the government insist on sending him to Brazil, they risk harming Israel’s bilateral relations with that key South American country.
And if Dayan is sent to Brazil now, he will likely be treated as persona non grata from the moment he lands in Brasilia.
For all their destructive power, Liel and his associates are small potatoes when compared to the legal fraternity.
With Hirsch’s scalp hanging from his wall, Attorney- General Yehuda Weinstein can take pride in the fact that he has blocked the government’s appointments to Israel’s two most powerful national security posts. In 2011 he forced the government to cancel Maj.-Gen. Yoav Galant’s appointment to serve as IDF chief of General Staff.
Back then, Weinstein forced the government to cancel Galant’s appointment by refusing to defend it before the High Court of Justice when it was challenged by an environmental group. At the time, Weinstein acknowledged that there was no legal basis for his position, but he held it all the same, due to his (legally irrelevant) “ethical” concerns.
By forcing the government to abandon Galant – and now Hirsch – Weinstein has done more than simply undermine government authority.
He has sent the clear message to Israel’s security brass that they needn’t be beholden to the lawful orders they receive from the government. His is the only opinion that matters. He is their lord and master.
Not only is this a perversion of democratic norms, it is corrupt.