The dual "defensive democracy": October 7 changed the disqualification rules for elections | Moshe Cohen-Eliya
An opinion article examining the history of disqualifying lists and candidates in Israel, focusing on the impact of the October 7 events on legal doctrine. The author notes that the disqualification of Sami Abu Shahada by the High Court of Justice is exceptional, as it is based on a single publication unlike the past, raising questions about the balance between democracy and protecting state values.
An opinion article by Moshe Cohen-Eliya examines the history of the legal doctrine in Israel for disqualifying lists and candidates from running in elections, focusing on the impact of the October 7, 2023 events. The author reviews the first case in 1965, when the Socialist list was disqualified, and moves through the disqualification of Meir Kahane's "Kach" list in 1988, to the current case of Sami Abu Shahada. The central claim is that the disqualification of Abu Shahada by the High Court of Justice is exceptional, as it is based on a single publication, unlike the past when a critical mass of statements was required. The author expresses a personal opinion that he would prefer criminal prosecution for racist statements or support for terrorism, rather than a mechanism where legal elites decide who is eligible to run. The article raises the tension between the right to be elected and the protection of state values, and points to a significant change in legal doctrine following the October 7 events.