hallenges to democracy – in Israel and elsewhere (And some thoughts on what "rule of law" means)

Michael Hauser Tov recently addressed the immediate challenges to Israel’s current democracy. Israel’s democracy in any case has always been limited by the fact that Palestinians in the occupied territories dominated by Israel could not vote in Israeli elections.

He quotes Dr. Yael Shomar of the Political Science Department of Tel Aviv University

"Israel is heading toward an authoritarian future," and, in addition to the government's attempts to take over agencies that are supposed to check its power, the "democratic nature of the coming election is at real risk." She says that "all this is taking place alongside a deep failure in civics education. For two decades now, liberal-democratic values have been pushed aside, replaced by a limited nationalist discourse."

Tov lists eleven areas of current concern which I am presenting here in bullet-point form:

• Restrictions on freedom of speech
• Persecution of political opponents
• Trampling the legislature
• The use of the security forces at home
• Violations of court rulings
• Trampling the watchdogs
• Declaring a state of emergency
• Control of the media
• Taking over academia
• Delegitimizing the opposition
• Exploiting the law to remain in power

This is a list that could be used to organize an examination of authoritarian dangers for any democracy. Every democracy has its weaknesses, of course. The biggest being that even the most democratic government are composed of human beings.

If that sounds a bit cynical, it’s actually just a somewhat less gendered versions of James Madison’s famous statement in The Federalist Papers, “If men were angels, no government would be necessary.”

To be fair, it’s theoretically possible that Madison meant that the problem was specifically that men are not angels. But that would be stretching it!

The specifics matter, of course, so for any given country, the specific interactions of the institutions and their actual performance have to be taken into account. I’d have to say it’s disappointing to see that the list of eleven does not include free and fair elections held under secure conditions.

There is an important distinction between the concept of rule of law developed as a part of democratic theory. Rule of law and democracy are intertwined concepts, i.e., you can’t have one without the other. Rule of law includes: the equal application of the law to all; the idea that government is bound by the law; individual rights including the right to a fair trial; a justice system that is independent, competent, and fair; and – very importantly - democratic participation in the formation of the laws.

Here's a geeky but clear description of this relationship from Claire Gardner:

The Rule of Law is a millennia old principal referring to the way by which states are governed. As compared with Rule by Law, where the government uses the law to govern and is considered to be above the law, Rule of Law means that all entities, including the government, must adhere to the supremacy of the law. ...

The Rule of Law is closely linked with the ideals of democracy. A democratic state under the Rule of Law is a state where citizens elect their own leaders, and the government itself is bound by the law, while also helping to ensure that the law is respected among the citizens of the state. Democracy cannot exist without the Rule of Law, especially the rule that dictates who should occupy public office given the results of elections. However, only supporting the Rule of Law during an election season is not enough. Democratic stability depends on a self-enforcing equilibrium. In other words, political officials must respect democracy’s limits on their actions, particularly regarding the rights of citizens. Institutions that are self-perpetuating and do not operate based on individuality of single actors are powerful actors stabilizing that equilibrium. In a stable, self-perpetuating institution all conflicts are solved according to the institutional rules, and therefore, the Rule of Law stabilizes the democratic society. Rule of Law in a democratic institution allows governments to work their will through general legislation, and then to be subject to that legislation themselves. [my emphasis in bold] (2)

Here is a brief video explainer (3) on the rule of law United States Institute of Peace from 2012, years before it was renamed the Donald J. Trump Institute of Peace in early 2025.

Notes:

(1) Tov, Michael Hauser (2026): Netanyahu's 11 Moves Taking Israel From Democracy Toward Authoritarian Rule. Haaretz 01/21/2026. <https://www.haaretz.com/israel-news/2026-01-21/ty-article-magazine/.premium/netanyahus-11-moves-taking-israel-from-democracy-toward-authoritarian-rule/0000019b-dbad-d4f5-a7ff-dfbd42160000?gift=85ef0e3d5af2442ca39f215c00f0adf7> (Accessed: 2026-22-01).

(2) Gardner, Claire (2021): Democracy and the Rule of Law. William and Mary Law School Summer 2021. <https://law.wm.edu/academics/intellectuallife/researchcenters/postconflictjustice/internships/internship-blogs/2021/claire-gardner/democracy-and-the-rule-of-law.php> (Accessed: 2026-22-01).

(3) What is the Rule of Law? United States Institute of Peace YouTube channel 03/01/2012. <https://youtu.be/IZDd2v18vfw?si=Q0wNqEs_Fp5HM-iB> (Accessed: 2026-22-01).