Ayelet Shaked

Last updated

2015–2019
Ayelet Shaked
Ayelet Shaked Thirty-sixth government of Israel, June 2021 (KBG GPO20009).JPG
Shaked in 2021
Ministerial roles Minister of Justice

Jewish identity and Israeli democracy

Referencing the Knesset's basic law that Israel will be a Jewish and democratic state, Shaked opposes the view that the two values are in any way incompatible, arguing that "alongside the view that there is a constant struggle and a clash of civilizations between 'Jewish' and 'democratic,' I believe we can propose another model." [40]

Shaked argues that the key of concepts of property rights, the rejection of the divine right of kings, the importance of the separation of powers, and civil liberty are a byproduct of the Jewish philosophical tradition. [40] She states: "On what did Locke base the right to property if not the chapters on creation? After all, Locke's Second Treatise of Government is inspired by a close textual reading of The Book of Genesis." [40] She concludes that it was "not primarily Roman law or the democratic tradition of the Athenian polis that shaped and forged the modern democratic tradition in Europe or the United States, but Jewish tradition—joined, of course, by other traditions." [40] She proposes that "it is precisely when we wish to promote advanced processes of democratization in Israel that we must deepen its Jewish identity. These identities clearly do not contradict each other; on the contrary, I believe that they strengthen each other." [40]

Zionism

In a controversial 2017 speech to the Israel Bar Association, Shaked stated that the Israeli judicial branch operates as if in a "dream", adopting a "utopian and universal worldview... Only a moral and political revolution of the magnitude of the revolution we saw in the 90s, but one reaffirming the accomplishments of Zionism and its unchanging positions may turn this problematic tide." [41] She argued that the Basic Law proposal: Israel as the Nation-State of the Jewish People, of which she is an advocate and architect, will lead to a "moral and political revolution in Israel... It's a call to rouse from this dream. It's an overall perception bringing back the principles of our founding fathers to the forefront of the law. It moves Zionism and the deepest and most basic components of our identity from the blind spot it currently occupies in the judicial realm to its rightful place: under the spotlight." [41] Shaked states that "Individual rights are almost sacred to me, but not devoid of context, not when cut off from our Israeli uniqueness, our national missions, our history, and our Zionist challenges." [41] [42]

Family unification of Arab-Israelis and Palestinians

In 2022, Shaked suggested renewing citizenship legislation that had expired in July 2021 after the Knesset failed to renew it. She sponsored a bill proposing to prevent Palestinian family unification (residency for Palestinian citizens married to Israeli citizens). She cited security concerns and "demographic reasons", and added that it was meant to stop the "creeping right of return". [43] [44] The bill was blocked after Meretz filed an objection, sending the bill back to the cabinet for further appraisal. [45]

Israeli judiciary

Shaked (right) with Israeli president Reuven Rivlin (centre) and Israeli judge Miriam Naor (left), 15 October 2015 Reuven Rivlin with Miriam Naor and Ayelet Shaked.jpg
Shaked (right) with Israeli president Reuven Rivlin (centre) and Israeli judge Miriam Naor (left), 15 October 2015

Shaked seeks to limit the power of the Israeli judiciary. She argues that the role of the judiciary needs to be delineated and restricted, saying: "Is it still correct to say of the judiciary in Israel what Alexander Hamilton said about the court that he knew, that it 'has no influence over either the sword or the purse'? Is it really true that the judiciary in Israel has 'no direction either of the strength or of the wealth of the society'? To my mind, this is very doubtful. In fact, it is inconceivable to me that a judicial body that bears no responsibility for filling the purse permits itself to empty it, but unfortunately, this is the situation in Israel today ... The new tracks that I seek to lay—carefully, while protecting the independence and dignity of the court—are meant to define more precisely the routes of each of the branches, legislative, executive, and judicial, and thus to enable regular traffic and prevent future collisions." [40]

She writes, referencing the arguments of Alexis de Tocqueville, that the long-term damage of normalizing judicial intervention has to be distinguished from the justness of any particular legal decision, stating: "[O]nly a person with real patience who knows that the advantage of democratic government lies not in its immunity from errors, but in the fact that its errors can be corrected in the long term ... only a person like this could understand the enormous benefits of long-term governance power and what de Tocqueville meant when he spoke of the healthy influence of the government's ability to govern effectively. Tocqueville's words must be borne in mind as we lay the new tracks regulating the relations between the Supreme Court and the other branches of government. The healthy influence of governance emerges in ways that are not obvious, and certainly not in a brief focused glance, which misses the aggregate damages caused when the court repeatedly strikes down the products of the government and the Knesset." [40] Shaked concludes that the judicial system must "give enough power and leeway to elected officials while minimizing the harm to the individual and giving maximum consideration to the individual’s freedom to shape his life as he wishes". [40]

Sometimes nicknamed the "Iron Lady" because of her intransigence in repressing crimes committed by Palestinians, as well as for her nationalist positions, [46] she supports the death penalty for individuals who have committed terrorist acts, [47] including for Jews who killed Palestinians; [48] [49] however, she considers that the death penalty should only apply in the most extreme cases. [50]

Economic policy

Shaked argues that the Israeli economy is insufficiently capitalistic. As part of a 20-page treatise she wrote in an academic law journal in 2016 on the structure of the Israeli legal system, she argues that the Israeli economy is suffering from massive over-regulation and that the fight to de-regulate the economy is a constant uphill battle.

"The state’s ability to finance its services depends first and foremost on the value and profit created by entrepreneurs, by the great industrialists, by the various employers, and by the workers. Yet regulation, so beloved of lawmakers, is strangling them and placing the country’s growth in grave danger... [T]he cumulative wisdom of the masses will always be greater than that of the state’s experts, that the popular mechanisms will always be more flexible, faster, more responsive, and more adaptable than the mechanisms of the state. The law, therefore, must attempt to reflect these mechanisms and not try to create more successful alternatives... The railroad tracks of legislation to which we have become accustomed lead to an erosion of citizens’ liberty and a series of restrictions on the economy by increasing the Knesset’s ability to criminalize various acts. In labor law, between 2011 and 2013, in an 18-month period, 60 new criminal offenses were added which an employer could be accused of as a result of actions carried out during his business activities. And this is far from being all: in environmental protection, within 24 months, 65 new criminal offenses were added. Overall, the numbers are alarming... The areas of freedom in this world, which create the enormous wealth we enjoy, would be more and more reduced because of a government apparatus." [40]

Opposition to executive pay limits

Shaked opposes the imposition of limits on executive pay. She argues that limiting executive pay means that "banks and pension funds... are having trouble finding talented managers interested in being company officers. Good senior managers are looking for new directions, and are seeking to join other sectors to which the law does not apply, I'm asking you to refrain from enacting legislation where it is not needed. Unnecessary legislation is harmful legislation. It harms the economy on a macro scale and the individual on a micro-scale." [51]

Support for Kurdish independence

Shaked has repeatedly stressed her support for an independent Kurdistan. [52] Shaked says as the Sykes-Picot Agreement breaks apart, "the greatest opportunity that stands before us could come from strengthening the connections with the Kurdish nation." Shaked says, “the Jewish and Kurdish nations share a history... of mutual respect, mutual interests,” including fighting Islamic State. [53] Shaked has additionally cited the high number of women serving in Kurdish armed forces. [54]

Support for cannabis decriminalization

Shaked supports and has legislated for the decriminalization of cannabis consumption in Israel. In 2017, as Minister of Justice, Shaked submitted legislation to decriminalize the recreational use of cannabis. [55] On successfully passing the legislation, Shaked said "Whether one supports use of cannabis or is opposed, it is wrong to judge cannabis users per criminal law and its derivatives." [56]

Personal life

Shaked is married to Ofir Shaked, a former fighter pilot in the Israeli Air Force. [57] They have two children and live in Bavli, Tel Aviv. [9] She is an admirer of Steve Jobs. She was influenced by Ayn Rand, in particular The Fountainhead and Atlas Shrugged . [3] She describes her personality as 'intellectual' and 'systematic'. [8]

Awards and recognition

Notes

  1. née  Ben-Shaul (בֵּן שָׁאוּל)

References

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