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Claudia Anderson's avatar

Well done, and very insightful. Thank you for your clarity and objectivity.

John Guy's avatar

Israel is classified as a unitary parliamentary democracy. Israel does not have a constitution, just 14 basic laws.

By removing the word "constitutional," the system is best understood as a parliamentary democracy with an activist judiciary enforcing a piecemeal, uncodified legal hierarchy.

Even without a single, written document called a constitution, the state operates under a framework where the rule of law is supreme, power is checked, and democratic processes are maintained.

Parliamentary Democracy: The government derives its legitimacy and power directly from the legislature, which is a unicameral (one-chamber) parliament called the Knesset?

Uncodified Parliamentary Democracy: This describes a system where democratic rules exist across multiple scattered documents and traditions rather than being "codified" into one single document.

Critics, including Prime Minister Netanyahu and right-wing coalitions, argue exactly what many have stated: because the public never voted on a constitution, and the Knesset never explicitly gave the Court the power of judicial veto, the Court's claim to this authority is a self-appointed "smoke screen" to override the elected parliament.By removing the word "constitutional," the system is best understood as a parliamentary democracy with an activist judiciary enforcing a piecemeal, uncodified legal hierarchy.

That distinction is historically accurate: Great Britain did not export its domestic, democratic "London" model to the Middle East; it built and left behind a highly repressive colonial police state.While the structural layout of the parliament (the Knesset) was modeled after Westminster, the actual legal mechanisms inherited on the ground were designed for counter-insurgency, population control, and military dominance.

John Guy's avatar

Part 2:

This phenomenon is Colonial Authoritarianism. When Britain ruled the Mandate, they were not trying to build a free, constitutional democracy for the local population. They were an occupying power trying to maintain order over two rebelling populations (Palestinians and Zionist paramilitaries).

To do this, they constructed a brutal legal and physical apparatus:

The Tegart Forts: The British built dozens of massive, heavily fortified concrete police stations across the landscape—known as Tegart Forts. These were not neighborhood police stations; they were military bunkers designed to withstand sieges, house intelligence torture cells, and project absolute force.

The newly formed Israeli state simply took over these exact buildings, and many still serve as Israeli police stations and prisons today.

The 1945 Defence Regulations: As noted before, these laws suspended basic human rights. They allowed the British military to lock people up indefinitely without charges (administrative detention), seize private property, demolish the homes of suspected rebels, and ban newspapers.

When Israel declared independence, the leadership kept the democratic facade of a parliament, but eagerly absorbed the police-state laws.

Zionist lawyers and leaders had actually fiercely condemned these British emergency laws just years prior. In 1946, the future Israeli Justice Minister, Yaakov Shapira, famously called the British regulations "destructionist laws" and stated they were "worse than Nazi laws."

Yet, once Shapira and David Ben-Gurion took power in 1948, they chose not to repeal them. The new government found these authoritarian colonial tools incredibly useful for two main reasons: Controlling the Palestinian Population: From 1948 to 1966, Israel placed its remaining Arab citizens under a strict Military Regime.

Mark's avatar

Thank you John Guy. Now much of the why of what happened or is happening is now understandable from your explanation. Thank you.

LB (Little Birdie)'s avatar

I have to appreciate your continued writings. More is not less. Its up to us to do continuing homework to honestly refute (remove 'just, change that to 'only') opinions'. Complex. History is for teaching lessons. Historians should be judicious with what they memorialize with the pen. We can't be lazy or create only conjecture as fact.

John Guy's avatar

The new Jewish government of 1948 found these authoritarian British colonial tools incredibly useful for two main reasons: Controlling the Palestinian Population:

From 1948 to 1966, Israel placed its remaining Arab citizens under a strict Military Regime.

They used the inherited British 1945 Defence Regulations to restrict their movement, curfew their towns, and confiscate their land without needing parliamentary approval.The Occupied Territories (1967–Present):

Following the Six-Day War, Israel extended these exact same 1945 British Mandatory emergency regulations to govern the West Bank and Gaza Strip. Today, when the IDF uses administrative detention or demolishes homes in the West Bank, they are frequently executing laws originally written by British colonial officers in the 1940s.

My point cuts to the core of the issue: Israel inherited a democratic parliamentary design from London, but the actual day-to-day legal machinery it runs on was forged in the reality of a colonial police state.

Nia Church's avatar

Thank you for the 7 series on your visit to Israel. Insightful and appreciated your open views and balance.

Aniela Connelly's avatar

My husband and I really appreciate this series. Imagine...two people being willing to put their money and their time where their mouth is and go spend some time learning about the country at the center of the earth. And then put in all the time and effort to publish an immensely long, thoughtful, researched analysis so that more than three thousand people can shake the dust of your ideas from their feet. Whatever America has become, its people have more opinions than thoughts. And people talk too much and observe too little.

In any case, thank you, from the bottom of my heart. Something you said in this post I think offers a picture of what's going on in America, too: "The spitting on Christians is real, and it is wrong, and it comes overwhelmingly from radicalized young men raised in a small number of very specific religious communities." In America, you could replace "Christians" in this sentence with "Jews," with the spitting being usually metaphorical, for now, and have some semblance of the truth. Younger men on the Right are becoming radicalized anti-Semites fast, for no very good reason, it seems to me, and unfortunately, certain segments of the traditional Catholic population--of which I am one, steadfastly--seem to foster this. One such person said to my husband, "The Catholic Church ought to have the Holy Land. The Church is the New Israel, and the Jews shouldn't have it." My husband said, "Well, I might agree with you, but there's someone who doesn't." The man said, "Who?" and my husband said, "God, apparently." (My husband is a historian of the crusades.) Not sure what other conclusion one can draw if one believes that God does indeed order the ways of men. And then, of course, there are the young Muslims who have always been more or less radicalized and have always spit upon Jews, and they're a significant faction in this country to which the Christian faction I was talking about seems strangely oblivious.

I may have to drop my subscription sometime, but it won't be because I'm offended. Your joke/meme/cartoon pages have never offended me. And I really like the mixture of serious analysis, funny stuff, and homesteading posts. It's kind of like my life. Thanks again, so very much.

D D's avatar

I have never read such a intricate weaving of such a tangled mess of beliefs. My brain starts smoking from the heat of such complexity. I find myself wanting to move to a place of observation. Involving myself in any judgement indicates to me a lack of deeper understanding and I just don't have it, other than knowing that humanity has a long way to go to achieve harmony. Fear and intolerance keep getting in the way. / This trip seems to have moved you to a place you couldn't have foreseen. A major life event.

LB (Little Birdie)'s avatar

Hi D D. Yes, tangled mess is pretty exact. For someone to try to take it on and stay objective is herculean! It's no wonder anything related to differences of thought, opinion, vision, legalese, status, relocation, on and on have always and forever been a set of mistaken, misconstrued, misrepresented words minutes away from annihilation by someone else. Just the word "Freedom" sets off a whole firestorm. Hard to believe since that is what most humans crave!?

Uncle Mikey's avatar

My brain didn’t just smoke. I had to call in a consultant! 😂 edit: He used the New Testament which clarified it perfectly for me. We ended up laughing not at the suffering of course but perhaps at myself for forgetting what this is really all about.

lynn's avatar

Amen to your last 7 words, and we know what seven represents!

Larry Cox's avatar

I must remark on the absence in this essay of the observation that at least three major religions consider this area their "holy land."

Here we have a great difference from the modern Americas, and perhaps a hidden factor which keeps the region from exploding; no one wants to desecrate it (though many outsiders have tried).

mspring's avatar

Yes!! Your observation is exactly what i see as well.

David Merrill's avatar

Try smoking pitch from the Tree of Knowledge of Good and Evil; it will clear things up.

https://drive.google.com/file/d/10KXZTqHT6u1vFh4YhJc7B4i6bOIO9mt7

Civil Westman's avatar

Thank you. As an ethnic Jew and believing Christian, I find your series intelligent, rational and honest. It is worthy of rereading and study.

Theresa Holmes's avatar

Fascinating--and sad--analysis both of Israel and America.

Too bad so few of us are willing to let go of the pain, terror, and fury of the toddler who keeps running into the walls of Life's Maze in favor of trying to learn ones way through that maze, then help others do likewise.

Keep up your great work!

Larry Cox's avatar

Apt metaphor! It was used by my teacher in a few of his more famous writings. Most Earthlings are too "independent minded" to trust anyone else to lead them out of the maze.

Theresa Holmes's avatar

Yeah, so they have to learn the hard way. That's why they call life the school of hard knocks, right?

Funny how some of the folks who take the hardest knocks as kids turn out to be the best at helping others find their way through the maze--yet others become the worst obstacles.

It really does come down to that one choice.

Larry Cox's avatar

Except that the "hard way" for most has a dead end or a trap at the end of it. So they never really learn anything.

Uncle Mikey's avatar

Your paid subscriber base says it all as far as I am concerned Doc. Trust. It can’t be bought. It must be earned. You earned mine long ago. Agree with the others. Keep up your good work. 😊

Donna Yaeger's avatar

Wow! Thank you! Lots to read and digest in the 7th continuation of observations and indepth human messyness!

Please, allow me to share a personal note that makes your account of nations very viable in our lives..right now..with much prayer! Our son has returned from living in Bethlehem, 2 years, Ammon, Jordan, for nine years. He met a beautiful wife. Gave birth to two daughters, via midwife. They left many friends of many differing beliefs behind. They are missionaries returned from these countries, trying to adapt to America. They are finding it very hard living in a culture that is so free. They are overwhelmed by the abundance and waste. They see so much, but so little unity. I sent them this 7th article because I believe this deeper evaluation of what they left behind and coming back to America, hoping this will help them.

God always provides in the most unimaginable ways. Thank you for your ability to write and share these words. They have such power if we only see the deeper ways of mankind.

God's blessings on your pages reaching those who need this insight.

dan brandt's avatar

One wonders why humans hold themselves in such high regard when the fail so miserably and often at just figuring out, learning to live together can produce a wonderufl unimaginable world. Humans are really not that smart are they?

Paul B. Cohen's avatar

The solution to the hostile elements in Israel proper and its territories of Judea and Samaria are simple.

The orthodox communities refusing service may no longer vote or serve in the government. They also can no longer be subsidized and supported by the working population that pays taxes and serves in the military.

This needs to be done first. Clean up your own house before addressing your neighbor’s.

As for the Arabs in Judea and Samaria, they need to leave. This is a just, reasonable, and godly solution hearkening back to Isaac and Ishmael.

The Arabs have their countries and allotment from God. It hasn’t gone well for them coveting another’s, and waging war for what isn’t theirs using a false god under the guise of the True One.

The Arabs and Muslims of the neighboring nations forcibly evicted their Jewish populations after the revival of Israel, which populations weren’t hostile or set on displacing their hosts. Now those nations can receive their brethren rather than using them in the vain and destructive quest to conquer Israel.

Every country in the world should strongly support this simple solution for the welfare of all. Instead they all support, to varying degrees, Muhammad’s mandate for world conquest with its deleterious effect on their own wellbeing.

Something to think about.

Martin Rossol's avatar

I am first generation American. My father born in Poland. My mother in Bessarabia (Romania). They lost it all– well, not their families, which is several long stories, except on brother killed on the Russian front. They were war refugees and came to the US in 1949 and 1951. We lived in a suburb of Detroit. Our neighbors were Poles, Germans, Italians, Ukrainian, Estonian, etc. Many times my father would contrast the Europeans with the Arabs. "Look, all of us, all our neighbors, many lost much (unjustly, unfairly) yet we live together in peace together. Why cannot the Arabs do the same? What is it about their worldview that prevents them from accepting their situation, their lot, and living peaceably with each other [and with the Jews]?"

I don't think Dr Malone's 7 part analysis really addresses that issue(?) but Paul's suggestions do. Very much here to think about.

Dr and Mrs Malone, take heart in your paying subscribers. Thank you!

(Apologies if it should be Drs. Malone.)

Elaine H's avatar

Did you live in Hamtramck? A beautiful city long ago.

Joseph Kaplan's avatar

Except that there is no way hell any Israeli govt is going to vote for your proposal. Otherwise I agree. The usual number is that at least 850,000 Jews were expelled from the Arab countries. And none of them are willing to allow a single Palestinian into their country. Egypt has one of the most sophisticated walls in the world to keep them from crossing its border with Gaza! They all want them stay where they are pawns to keep the pot boiling.

Paul B. Cohen's avatar

Simple does not mean easy. The first step is recognizing reality. The second is facing it. The third is dealing with it by the grace of God. Nothing can stop that. Israel is God's work, and He will finish what He has begun. There are turns to come not anticipated or seen by carnal minds.

mspring's avatar

Absolutely FASCINATING! Thank you, thank you, thank you Drs Malone for your observations and analysis of this core of the mideast situation! You were very careful to describe clearly "what is" and separate your analysis, so we can begin to understand the additional dimensions of the real situation plus a suggestion of what it means, but can still draw our own conclusions. Excellent. Anyone who rejects this and unsubscribes is a fool.

Mark's avatar

If anyone spews hate at this post, “Democracy in Israel”, that person did not read the previous six parts, has bought into at least one (probably more) psy ops and is displaying a remarkable level of terminal stupid.

Well thought out and covering as many facets of this conflict as fairly as possible, with the authors clearly stating they are strangers in a strange land.

If I taught an international relations class the series would be required reading. Probably a good idea to read all seven parts before visiting Israel.

Outstanding work.

John Guy's avatar

The Ignored Warnings of the Female Border Guards (Tatzpitaniyot), the Doctor's point about the female border observers is one of the most tragic and heavily scrutinized aspects of the disaster.

For months leading up to the attack, the predominantly female surveillance soldiers stationed at border posts like Nahal Oz logged detailed, daily reports.

They reported Hamas militants practicing drone strikes, rehearsing raids on mock Israeli tanks, studying observation towers, and mapping out the border fence.

Declassified records show that senior commanders (predominantly male) dismissed these detailed warnings as "imaginary" or alarmist. Commanders actively told the young women to stop reporting these activities, strictly operating under the arrogant conceptzia (the conception) that Hamas was deterred and lacked the actual capability to execute such a complex, multi-pronged invasion.

The Doctor's summary accurately highlights the key failures of that morning, which have been thoroughly documented and heavily criticized by the Israeli press and internal investigations.

Whether someone views this level of failure as proof of absolute incompetence or suspects deeper political calculations, history shows that when a system fails this catastrophically, those at the very top of the chain of command rarely rush to take the fall.

Mark's avatar

It is ALWAYS higher authority that mucks this up and then shifts blame to something or someone else. Every time. There might be one or two exceptions that prove the rule.

Happens in police work daily.

Toe the party line. Don't tell me things I don't want to know or hear. "IT" can't or won't happen HERE. In the US it is mass shootings (non gang related) and assorted, predictable, preventable things that get ignored in spite of overwhelming evidence something is going to happen

Probably why it took me 23 years to get promoted to Sergeant, two years before I retired.

John Guy's avatar

You are correct...History has a way of circling back to remind people of what came before...

The new Jewish government found these authoritarian British colonial tools incredibly useful for two main reasons: Controlling the Palestinian Population:

From 1948 to 1966, Israel placed its remaining Arab citizens under a strict Military Regime.

They used the inherited British 1945 Defence Regulations to restrict their movement, curfew their towns, and confiscate their land without needing parliamentary approval.The Occupied Territories (1967–Present):

Following the Six-Day War, Israel extended these exact same 1945 British Mandatory emergency regulations to govern the West Bank and Gaza Strip. Today, when the IDF uses administrative detention or demolishes homes in the West Bank, they are frequently executing laws originally written by British colonial officers in the 1940s.

My point cuts to the core of the issue: Israel inherited a democratic parliamentary design from London, but the actual day-to-day legal machinery it runs on was forged in the reality of a colonial police state.

Elke's avatar

Amazing, truly. I have trusted you since Covid, you have been a fountain of wisdom. You verified my trust with this series of articles. To read about the concepts of pidyon shevuyim and pikuach nefesh from someone who is outside of the Jewish faith is a huge testament to the rigorous research that you do in your work. I am curious if you think that aliyah will affect the demographic. If just ten percent of the Jews of Australia, Britain, Canada and France were to move to Israel would that change things for the future of the country? I personally believe that this will not be solved until the coming of the messiah, but if I were to see it from a practical perspective, could that affect the democratic system?

Dawn Pegis's avatar

Love your Tocqueville comparison. He’s largely still considered ‘an objective analyzer.’ Very helpful. Don’t really understand it all, but that’s the point…..

Helen's avatar

Geopolitical issues rarely have simple binary solutions. The complexity of so many diverse and extremely strong belief systems, in my humble opinion, makes it incredibly difficult to reconcile towards peace. A great article doctors.

Micheal Nash, Ph. D.'s avatar

And then we have the iranian fanatics fanning the flames there providing another uncertainty factor.