Sliding into Quasi-Fascism?
Many commentators label the second Trump administration authoritarian or right populist, but shun fascist as rhetorical overreach. They are currently correct. Such hesitation, however, is on less sure footing for those who prognosticate that the executive will attempt to construct a regime claiming the right to unchecked, continuing power. Substantial continuation of constitutional and democratic norms, which they assume, is far from guaranteed. I will explain why the Trump presidency already displays characteristics that render reasonably possible its morphing into a regime appropriately characterized as fascist or, at least, quasi-fascist.
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Did the Israeli Supreme Court Kill the Constitutional Coup?
On January 1, 2024, the Israeli Supreme Court struck down a constitutional amendment prohibiting judicial review of actions of the government, the prime minister, or any minister based on the “reasonableness” doctrine. The judgment illustrates how societal and judicial vigilance in recognizing “early warning” signals of potential “constitutional capture” may play a significant role in battling such processes. However, notwithstanding this judgment and the halting of the legislative process, the threat of democratic backsliding in Israel persists. The ongoing war has, in fact, paved the way for further anti-democratic measures, some of which were upheld by the very same Court that struck down the anti-reasonableness amendment.
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