Introduction: Antipolitics or Antinomianism?

Abstract

Abstract In this introduction to part 3 of the Common Knowledge symposium “Antipolitics,” the journal's editor argues that, apart from sortition, the best guarantees of safety in a democracy are, first, to augment judicial oversight of all political processes and, second, to exclude politicians from the process of selecting judges. “There can never be too much judicial interference,” he writes, “in what politicians regard as their domain.” The author reached this conclusion during attempts by the newly elected Israeli government, in the spring of 2023, to make itself absolute by eliminating checks on its conduct that the Supreme Court had been developing and applying since the 1950s. Traditional Jewry and Judaism being notoriously hypernomian, the resistance to legality on the part of the ruling coalition has conveyed an aura of antinomian heresy. The choice in Israel appears to be between antipolitics and antinomianism, rather than between Left and Right politically—and the antipolitical model in Israel of a superintendent judiciary and an autonomous attorney general is arguably superior to the American prototype, even from the perspective (“all men are created equal . . . , endowed by their Creator with certain unalienable Rights”) that we have come to regard as quintessentially American.