Weekly Commentary: Can You Answer This Democracy Quiz? Many Failed
Dr. Aaron Lerner 26 March 2025

Here are just a few multiple choice questions:

1. In a democracy, what should happen to protestors who, in an act of civil
disobedience, block a road without a permit?
A. They get on TV and then go home.
B. They bear the consequence of violating the law.
Note: Israel Attorney General Gali Baharav-Miara answered "A".

" In no sense do I advocate evading or defying the law, as would the rabid
segregationist. That would lead to anarchy. One who breaks an unjust law
must do so openly, lovingly, and with a willingness to accept the penalty. I
submit that an individual who breaks a law that conscience tells him is
unjust, and who willingly accepts the penalty of imprisonment in order to
arouse the conscience of the community over its injustice, is in reality
expressing the highest respect for law."
"Letter from a Birmingham Jail" Dr. Martin Luther King Jr. 16 April 1963

2. How do you rule on a case if you are Justice in the Supreme Court and
believe that it does not serve the national interest to rule on that case in
accordance with the law?
A. Make the ruling in accordance with the law and in the decision call for a
revision of the law.
B. Engage in verbal gymnastics to explain why a ruling which actually
doesn't jibe with the law is in accordance with an interpretation of the
law.
C. Claim legal precedent which doesn't actually exist to support your ruling
which doesn't actually jibe with the law.
Note: Supreme Court Justice Barak chose C

"I believe it is fair to conclude that the 'lineage' of the rulings by
Justice Barak in the Pinhasi case and by Justice Mazza in the Deri case does
not withstand scrutiny. In the binding legal material available to us at the
time, these rulings have no foundation for the conclusions reached by the
justices.
Even the secondary sources do not provide strong support for these
far-reaching conclusions."
Ruth Gavison, "The Attorney General: A Critical Look at New Trends," in
Plilim Vol. 6 (1996), p. 95.

3. What do you do if you have been assigned to negotiate with terrorists on
behalf of the Government of Israel and the Government of Israel formally
votes to approve a negotiating position which you oppose?
A. Advise the Government of Israel that you cannot act as negotiator.
B. Arrange to appear before the Knesset Subcommittee for Intelligence and
Secret Services so that this Knesset body, which has oversight
responsibility for the most sensitive matters of the Israeli state, is aware
of the concerns which you have.
C. Share your concerns and criticisms with the press and others while
continuing to serve in the negotiating position.
Note: Shin Bet head, Ronen Bar, apparently chose C.

4. What do you do when a Supreme Court Justice issues an injunction
preventing you from doing something?
A. Launch a PR campaign implying that you may not honor the injunction.
B. Have your lawyer prepare possibly the strongest submission in Israel's
legal history explaining why the injunction should be vacated while stating
explicitly in the submission that the ruling of the Supreme Court will be
honored.
Note: Prime Minister Netanyahu did both A and B. Despite the written
submission, there are Likud MKs still doing A. It is noteworthy that PM
Netanyahu's choice of a combination of A and B succeeded in diverting all
attention from the passage of a budget which provides for a massive amount
of money for Haredis who opt not to serve in the IDF.

________________________________________
IMRA - Independent Media Review and Analysis

Since 1992 providing news and analysis on the Middle East with a focus on Arab-Israeli relations

Website: www.imra.org.il