In an article published on ynet, Gil Bringer discusses the growing tension between the judiciary and the legislature in Israel, focusing on the wave of freezing orders issued by the Supreme Court against laws enacted by the Knesset. According to the article, various petitions—including those concerning the Israel Bar Association budget, the family reunification law for terrorists, the detainees law, and the communications law—have resulted in laws passed with a political majority failing to take effect.
The author notes that this marks a peak in the number of concurrent freezing orders, a phenomenon redefining the balance of power between institutions. Bringer likens this judicial activity to a 'fourth reading' by the court, which renders the Knesset’s work ineffective and undermines the democratic process. In this context, he questions the emphasis on ballot box accessibility, such as in nursing homes, when the voter's will, as expressed through legislation, is subsequently halted by the court.
As an example of public influence on policy, the author cites the 2018 cancellation of the infiltrator framework due to public pressure, arguing that leaders' responsiveness to the voter's will is the essence of democracy. The author relies on the view of theorist Jeremy Waldron, who sees the right to political participation as the 'right of rights,' arguing that the importance of the ballot is not the ceremony of voting itself, but the voter's ability to influence state decisions.
The article contends that when the ballot is essentially nullified by the invalidation of laws, democratic participation loses its practical meaning, casting doubt on the ability of voters to effect real change in state management.