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Israeli democracy may not survive a ‘reform’ of its Supreme Court

(JTA) — On Dec. 29, Israel swore in Benjamin Netanyahu’s sixth government. The Likud leader became Israel’s prime minister once more, and one week later, Israel’s long-anticipated judicial counterrevolution began.

In the Knesset Wednesday, newly minted Justice Minister and Netanyahu confidant Yariv Levin unveiled a package of proposed legislation that would alter the balance of power between Israel’s legislature and its Supreme Court.

At the core of this plan is a bill to allow the Knesset to override the Supreme Court. Levin’s proposals — which almost certainly have the immediate support of a Knesset majority, regardless of Levin’s assurances that they would be subject to “thorough debate” — would pave the way for Israel’s new government to pass legislation that curtails rights and undermines the rule of law, dealing a blow to Israeli democracy.

The dire implications of this proposed judicial reform are rooted in key characteristics of the Israeli political system that set it apart from other liberal democracies. Israel has no constitution to determine the balance of power between its various branches of government. In fact, there is no separation between Israel’s executive and legislative branches, given that the government automatically controls a majority in the parliament. 

Instead, it has a series of basic laws enacted piecemeal over the course of the state’s history that have a quasi-constitutional status, with the initial intention that they would eventually constitute a de jure constitution. 

Through the 1980s, the Knesset passed basic laws that primarily served to define state institutions, such as the country’s legislature and electoral system, capital and military. In the 1990s, there was a paradigm shift with the passage of two basic laws that for the first time concerned individuals’ rights rather than institutions, one on Human Dignity and Liberty (1992) and the other on Freedom of Occupation (1994). These laws enshrined rights to freedom of movement, personal freedom, human dignity and others to all who reside in Israel. 

Aharon Barak, the president of Israel’s Supreme Court from 1995 to 2006, argued that these laws constituted a de facto bill of rights, empowering the court to review Knesset legislation and to strike down laws that violate civil liberties, a responsibility not explicitly bestowed upon the court in the basic law pertaining to the judiciary. In 1995, the Supreme Court officially ruled that it could indeed repeal legislation that violates the country’s basic laws, heralding an era of increased judicial activism in Israel in what became known as the “judicial revolution.” The court has struck down 20 laws since, a fairly modest number compared to other democracies.

The judicial revolution of the 1990s shifted the balance of power in Israel’s political system from one of parliamentary sovereignty, in which the Knesset enjoyed ultimate power, to one in which the legislature is restricted from violating the country’s (incomplete) constitution. Israel’s Supreme Court became a check on the legislative branch in a country that lacks other checks and balances and separations of power.

As a result of these characteristics, the Supreme Court currently serves as one of the only checks on the extraordinary power of Israel’s 120-member Knesset — which is why shifting that balance of power would have such a dramatic impact on Israel’s democracy.

Levin’s proposed judicial overhaul includes several elements that would weaken the power and independence of Israel’s Supreme Court. The plan includes forbidding the Supreme Court from deliberating on and striking down basic laws themselves. It would require an unspecified “special majority” of the court to strike down legislation, raising the threshold from where it currently stands. 

Levin has also called for altering the composition of the selection committee that appoints top judges to give the government, rather than legal professionals, a majority on the panel. It would allow cabinet ministers to appoint legal advisors to act on their behalf, rather than that of the justice ministry, canceling these advisors’ role as safeguards against government overreach. Should a minister enact a decision that contravenes a basic law, the ministry’s legal advisor would no longer report the violation to the attorney general, and would instead merely offer non-binding legal advice to the minister. 

The pièce de résistance is, of course, the override clause that would allow the Knesset to reinstate laws struck down by the Supreme Court by 61 members of Knesset, a simple majority assuming all members are present. The sole restriction on this override would be a provision preventing the Knesset from re-legislating laws struck down unanimously, by all 15 judges, within the same Knesset term. 

This plan’s obvious and most immediate result would be the effective annulment of the quasi-constitutional status of Israel’s basic laws. If the Knesset’s power to legislate is no longer bound by basic laws, these de facto constitutional amendments no longer have any teeth. There are no guardrails preventing any Knesset majority from doing as it wishes, including violating basic human rights. The Knesset could pass laws openly curtailing freedom of the press or gender equality, for example, should it choose to do so.

This counterrevolution, in effect, goes further than merely undoing what occurred in the 1990s.

Most crucially, the Knesset that would once again enjoy full parliamentary sovereignty in 2022 is not the Knesset of Israel’s first four decades. Shackling the Supreme Court is essential to the agendas of the new government’s various ultra-right and ultra-religious parties. For example, the haredi Orthodox parties are eager to re-legislate a blanket exemption to the military draft for their community, which the court struck down in 2017 on the grounds that it was discriminatory. They also have their sights on revoking recognition of non-Orthodox conversions for immigrants to Israel, undoing a court decision from 2021

The far-right, Jewish supremacist parties of Bezalel Smotrich and Itamar Ben-Gvir, meanwhile, see an opportunity to deal a decisive blow to an institution that has long served as a check on the settlement movement. They hope to tie the court’s hands in the face of oncoming legislation to retroactively legalize settlements built on private Palestinian land, which are illegal under Israeli law. But this is only the beginning: Neutering the authority of the court could pave the way for legal discrimination against Israel’s Arab minority, such as Ben-Gvir’s proposal to deport minorities who show insufficient loyalty. 

The timing of Levin’s announcement Wednesday could not be more germane. The Knesset recently amended the basic law to legalize the appointment of Aryeh Deri, the Shas party leader who is serving a suspended sentence for tax fraud, as a minister in the new government. The Supreme Court convened Thursday morning to hear petitions against his appointment from those arguing that it is “unreasonable” to rehabilitate Deri given his multiple criminal convictions, a view shared by Israel’s attorney general. Levin’s proposals would bar the court from using this “reasonability” standard. 

The Israeli right has long chafed at the power of the Supreme Court, which it accuses of having a left-wing bias. But a judicial overhaul like this has never enjoyed the full support of the government, nor was Netanyahu previously in favor of it. Now, with a uniformly right-wing government and Netanyahu on trial for corruption, the prime minister’s foremost interest is appeasing his political partners and securing their support for future legislation to shield him from prosecution.

In a system where the majority rules, there need to be mechanisms in place to protect the rights of minorities — political, ethnic and religious. Liberal democracy requires respect for the rule of law and human rights. Yariv Levin’s proposals to fully subordinate the Supreme Court to the Knesset will concentrate virtually unchecked power in the hands of a few individuals — government ministers and party leaders within the coalition who effectively control what the Knesset does. That those individuals were elected in free and fair elections is no guarantee that the changes they make will be democratic. 


The post Israeli democracy may not survive a ‘reform’ of its Supreme Court appeared first on Jewish Telegraphic Agency.

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This Toronto street corner has been a site of anti-Zionist activism for months. Police just opened a hate crime investigation.

The Toronto Police Service hate crimes unit is investigating teacher Abbas Hamze for remarks about “Zionists.” Canadian Jewish groups, including the Jewish Federations of Canada’s advocacy arm and B’nai Brith Canada, have called his speech, which went viral online, “blatant antisemitism.”

Hamze’s remarks invoked antisemitic tropes, accusing “Zionists” of performing “black magic” as well as raping and killing children. He spoke at the intersection of Bathurst and Sheppard, in the heavily Jewish Toronto neighborhood of Bathurst Manor – Clanton Park.

According to his LinkedIn, Hamze works as an instructor at several Canadian colleges in the area, including the University of Niagara Falls and Georgian College. He does not specify what he teaches.

Hamze could not be reached for comment. The University of Niagara Falls and Georgian College did not respond to requests to comment, and the Toronto Police declined a request for comment.

UNF issued a statement addressing Hamze’s remarks, distancing the university from the instructor’s statements and stating that they have “zero tolerance for discrimination, hate, harassment, or any conduct that threatens the dignity and well-being of others.” They announced that they are “launching an internal investigation” into the matter.

In his speech, Hamze claimed that “British colonizers have planted this cancerous, false Zionist state of Israel … right in the heart of Islam.”

Later — wearing a keffiyeh and reading from his phone into a megaphone emblazoned with the Lebanese flag — the instructor repeated numerous antisemitic conspiracy theories, including the debunked idea that Jews have caused or deserved centuries of persecution.

“The Zionists have never had a country of their own because of their mischief,” Hamze said. “They are the most kicked-out people in the world who are making black magic and horrible things.”

He went on to say that Jewish corruption is “crystal clear in Epstein Island where they have the Jewish leaders from all around the world.” He accused “Zionists” of having “raped, and killed, and ate children at the same time.”

Finally, he unfoundedly blamed the actions of President Donald Trump on “Zionists” who “blackmail” and “control” people.

“That’s why you can see now a guy like Trump who caused this genocide in Gaza kidnaps the presidents of Venezuala, kills the supreme leader of Iran Imam Ali Khamenei, may God sanctify his soul,” he said. “This is because of them, the terrorist Zionists.”

It appears that people became aware of Hamze’s remarks after Casey Babb, an Israel and International Relations scholar, posted a video of him on X.

In a joint statement, Canadian Jewish groups described Hamze’s claims as “antisemitic blood libels that have been used for centuries to justify hatred and violence against Jews.”

The statement says that the intersection where Hamze spoke, Bathurst and Sheppard, has long been a site of “antisemitic harassment, intimidation and provocation, too often under the guise of anti-Zionism,” and called on Toronto’s police department to investigate the incident.

“Allowing this behaviour to go unchecked is to normalize antisemitism as an everyday feature of life in this city,” it stated.

The city’s police have opened an investigation. However, online, some said that Hamze had been speaking at the street corner for months without police intervention.

In Canada, public incitement of hatred is considered a criminal offense. The Canadian criminal code says that “communicating statements in any public place” that “incites hatred against any identifiable group where such incitement is likely to lead to a breach of the peace” is a breach of law, resulting in up to two years in prison.

The post This Toronto street corner has been a site of anti-Zionist activism for months. Police just opened a hate crime investigation. appeared first on The Forward.

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West Elm’s Russ & Daughters merch did something their in-house line could never

Figuring out one’s Judaica vibe can be a challenging endeavor for those of us who don’t have tastes in line with the colorful stained glass or embossed silver aesthetics that tend to dominate the category. Newer designers have introduced some minimalist options, but that’s also not really for me.

But for those of us with a tendency toward the whimsical or kitsch, furniture retailer West Elm is coming to the rescue with two new collections, geared toward the High Holidays and Hanukkah.

There’s a Russ & Daughters collaboration of blue-and-white ceramics, featuring serving platters with handpainted designs such as a fish or latkes, trinket trays with pickles and more fish, simple Delft-colored dinnerware and napkins with little cutlery printed in the corners.

And, separately, in an apparent attempt to capitalize on the Jewish market, West Elm also released a set of their own plates, bowls and tea towels printed with colorful “deli favorites” — pickles, brisket, hamentaschen, black-and-white cookies, and the like.

The concepts are pretty similar; both lean into the idea of decorating plates with food objects that may or may not be the food you actually put on them.

I do admittedly already have a large blue-and-white platter with a fish painted on it that I find charmingly eclectic, and just as suitable for serving foods that are not of the oceanic persuasion as it is for foods that are indeed from the briny deep. So I’m not inherently opposed to the concept. But I don’t feel as good about the in-house West Elm Jewish designs, like a bowl with a sort of mushy depiction of matzo balls at the bottom. Imagine eating anything else out of that. Honestly, imagine eating matzo ball soup out of it. It seems disorienting.

Everyone’s tastes vary, and if you want to eat a salad off of a plate with a colorful brisket sandwich painted on it, be my guest. But I think the Russ & Daughters offering is the better of the options. For the most part, the collection stays on the artful side of kitsch largely thanks to the simplicity of the designs and the color scheme. And, more importantly, the internal logic seems actually Jewish. The pieces are useful — perhaps with the exception of the latke platter — for multiple Jewish occasions. The matchbox with a challah on it may feel a bit random at first glance but it does conjure an image of lighting candles on Shabbat, and there are matching candle holders. The art kind of evokes Marc Chagall.

The West Elm deli hits sets on the other hand — which are separate from their collab with the iconic Lower East Side deli — feel as though they’re screaming their Jewishness. The tea towel mixes together hamentaschen and sufganiyot (or possibly a bagel, it’s hard to tell) on the same piece of cloth, despite the fact that these desserts correspond to different holidays. The drawings are cute, but the overall effect is frantic, like someone dumped every Jewish food they could name onto the same page and sent it off to the printers. It’s giving Target Rosh Hashanah decorations — the sort that have a menorah alongside the apples and honey.

A few years ago, Crate and Barrel had Jewish lifestyle influencer Rebecca Lowin curate a Hanukkah display, but it was done using items the store already carried in white, blue and silver; only the menorah was specifically Jewish. Now, a similar home decor store is creating entire lines catering specifically to Jewish holidays and culture. That’s a sign of an increased mainstream embrace of Jewish culture, and that’s a good thing — it wasn’t so long ago that it wasn’t possible to find much public recognition of the existence of the High Holidays, and every attempt featured a hanukkiah with the wrong number of branches or a loaf of challah for Passover. Today, if Jews want twee merchandise — and no judgment — there’s plenty. There are even Hanukkah gnomes, if your taste runs to that.

But there’s still a dearth of decor that feels elegant and thoughtful, instead of try-hard. Decor that feels actually rooted in Jewishness, instead of like a Jewish gloss on something that’s really for another holiday. The Russ and Daughters collaboration is rooted in actual Jewish history. Even if you don’t like a fish motif as much as me, that’s a step in the right direction.

The post West Elm’s Russ & Daughters merch did something their in-house line could never appeared first on The Forward.

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Sephardic and Mizrahi groups accuse New York Magazine of erasing Middle Eastern Jews. The editor-in-chief agreed to a meeting.

As editors of New York Magazine dug in their heels this week, defending the magazine’s viral “Habibi City” package published earlier this month, 14 Sephardic and Mizrahi Jewish organizations delivered an open letter on Monday night, accusing the magazine of erasing Middle Eastern Jews from its coverage.

On Tuesday, Editor-in-chief David Haskell invited them to meet in September, saying he wants the magazine’s coverage to reflect the multitude of perspectives in the region.

In addition to asking for a meeting, co-signers of the letter, convened by JIMENA (Jews Indigenous to the Middle East and North Africa), asked the magazine to acknowledge what they call the package’s exclusionary framing and provide more representative coverage of Sephardic and Mizrahi Jews going forward.

The dispute centers on the magazine’s August issue about the city’s burgeoning Southwest Asian and North African cultural scene known as SWANA. The package explores restaurants, cafes, cultural collectives and dance parties, tracing much of their growth to the war in Gaza that followed theHamas-led attacks on Israel on Oct. 7, 2023.

“Out of that resistance,” the magazine writes, “a cultural ecosystem started to bloom.”

This week, the magazine published a statement standing by its use of the term genocide to describe Israel’s actions in Gaza, adding that “accusations of antisemitic intent were in fact obfuscating an overwhelming ­scholarly consensus, and that its use would be allowed in our pages.”

The open letter did not address the use of that term. Instead, it addressed the article’s framing.

The package describes membership in SWANA community in political terms.

“To be in SWANA community,” one article says, means “embracing a set of shared beliefs: that Palestinians deserve human rights. That what happened in Gaza in the aftermath of October 7 constitutes a genocide. That social justice and social welfare override capitalist concerns.”

The same article describes the place of Israelis within SWANA culture as “complicated,” in part because of the term’s “political framework.”

It also says SWANA New Yorkers “face xenophobia, Islamophobia and Zionism” in the city — language that drew particular ire from the coalition and online critics.

According to the letter, New York Magazine’s framing turns SWANA from a geographic and cultural identity into an ideological one, excluding many of New York’s Jews from the Middle East and North Africa unless they reject Israel — the country where many of their families found refuge after fleeing persecution and discrimination elsewhere in the region.

“A Mizrahi Jew whose grandparents were born in the region, expelled from their country of origin, and who carries the region in her language, liturgy, and kitchen belongs only upon disavowal of the movement through which her family survived,” the letter reads.

As the letter puts it, for a great majority of Sephardic and Mizrahi Jews to be represented “as we actually are” means representing them as Zionists.

The letter also faults the package for invoking Oct. 7 repeatedly without acknowledging the atrocities committed that day and erasing the region’s non-Muslim populations.

“When we read ‘Habibi City,’ we immediately saw that this wasn’t something one organization should answer alone,” Sarah Levin, JIMENA’s executive director told the Forward. “The feature made claims about who belongs in contemporary Middle Eastern and North African and ‘SWANA’ communities in NYC, so the response needed to come from the breadth of the communities being written out.”

After she read the package, she began contacting other Sephardic and Mizrahi organizations about writing an open letter. Within four days, all 14 organizations had signed on.

“Iranian, Iraqi, Syrian, North African and Sephardic communal organizations almost never act in concert, and they’ve united around one argument,” Levin said.

Signatories include the American Sephardi Federation, the Iranian American Jewish Federation of New York and the Jewish Community Relations Council of New York.

Levin said the groups had little difficulty reaching consensus. “When the argument is, ‘We exist, and we will not be defined out of our own region,’ there isn’t much for our communities to debate.”

What concerned Levin most, she said, was the size of New York Magazine‘s audience and cultural reach. The Pulitzer Prize-winning bi-weekly magazine boasts reaching 1.8 million readers each week.

“When a magazine that shapes American culture tells millions of readers that belonging to the Middle East requires renouncing Zionism, that is not a small thing,” Levin said. “That is why we responded the way we did.”

The post Sephardic and Mizrahi groups accuse New York Magazine of erasing Middle Eastern Jews. The editor-in-chief agreed to a meeting. appeared first on The Forward.

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