Being overly judgmental leads to cynicism
צילום: ויז'ואל/פוטוס
The corruption obsession
Op-ed: Notion that all politicians corrupt threatens rule of law, takes power away from citizens
Now that we are done repenting our sins, we shall go back to slamming the sins of our politicians. This has become more than just an atmosphere; it’s a fact of life: Israelis believe that their political establishment is corrupt to the core.
Indeed, there is corruption in Israel, and it should be fought. Yet as a rule, saying that Israel is particularly corrupt is false. Based on Transparency International’s index, Israel is in 32nd spot out of 180 countries (with a higher rank indicating lower corruption rates.) We are roughly in the same category as the US (19th,) France (24th,) and Spain (33rd.)
At times, self-judgment is a positive quality. Yet this is not always the case, as being overly judgmental leads to cynicism and political despair. The public hysteria around corruption is in essence an anti-political phenomenon, according to Professor Yossi Shain’s recent book The Language of Corruption. When the feeling that “all politicians are corrupt” gains dominance, citizens turn their back to politics. Dropping voter turnout rates attest to this.
In a democracy, this phenomenon has far-reaching implications, because politicians represent the citizens and are supposed to carry out their will. When a worthy, appropriate struggle against corruption turns into public hysteria, and when the word “politician” turns into a derogatory term, political power gradually shifts from elected officials to other hands. That is, the citizens in fact minimize their own power, while emptying democracy of substance.
In our case, the damage is already visible. Questions that are political in nature shift to the courts, commissions of inquiry, Treasury officials, prosecutors, and police officers. The same hysterical discourse bans criticism of the above elements: Anyone who dares criticize this process becomes a “supporter of the corrupt” and an “enemy of the rule of law.”
Rehabilitation needed
Yet the process of shifting power from elected officials to the bureaucracy does not promote the “rule of law.” Originally, the term “rule of law” was meant to restrain the power of those who in the past were above the law (the king, for example.) In the face of this, democracy pioneers sought to introduce rule by laws, rather than by people; a situation whereby the law also applies to the rulers, law enforcers, and legislators.Yet under the public hysteria’s guise, the opposite is happening here: Law enforcers seek to place themselves above the legislature and above the law. In this state of affairs, it is no surprise that the prosecutor’s office strongly objects to the appointment of an outside observer – in the name of the rule of law, of course. It is also no surprise to see the attorney general turning into a super-authority that has no equal in other countries.
A situation where the police and prosecution are above the law does not constitute “rule of law” – rather, it’s called a “police state.” Yet the truth is that this isn’t the threat in Israel’s case. The prosecutor’s office is not about to become a politburo and the Israel Police will not be turning into the Stasi. The High Court of Justice will also not be turning into our acting government. The danger here is in fact the opposite: Should law enforcement and legal officials continue to go too far, they will ultimately give rise to coalitions that clip their wings.
Debasing everything that is political creates more corrupt politics, rather than less corrupt politics. The cynical, aggressive politics created as result can boil over to a genuine attack on the very authority of law enforcement agencies. In short, those who hold the rule of law dear to them should not use its name in vain. The way to fix the situation is through rehabilitating politics, rather than limiting and debasing it.
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