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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.
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Israel’s Ben-Gvir Visits Flashpoint Al-Aqsa Mosque Compound
Israeli politician Itamar Ben-Gvir walks inside the Knesset, in Jerusalem, Oct. 13, 2025. Photo: Chip Somodevilla/Pool via REUTERS
Israel’s far-right police minister Itamar Ben-Gvir visited the flashpoint Al-Aqsa Mosque compound in Jerusalem on Sunday, saying he was seeking greater access for Jewish worshipers and drawing condemnation from Jordan and the Palestinians.
The compound in Jerusalem’s walled Old City is one of the most sensitive sites in the Middle East. Known to Jews as Temple Mount, it is the most sacred site in Judaism and is Islam’s third-holiest site.
Under a delicate, decades-old arrangement with Muslim authorities, it is administered by a Jordanian religious foundation and Jews can visit but may not pray there.
Suggestions that Israel would alter the rules have sparked outrage among Muslims and ignited violence in the past.
“Today, I feel like the owner here,” National Security Minister Ben-Gvir said in a video filmed at the site and distributed by his office. “There is still more to do, more to improve. I keep pushing the Prime Minister (Benjamin Netanyahu) to do more and more — we must keep rising higher and higher.”
A statement from the Jordanian foreign ministry said it considered Ben-Gvir’s visit to be a violation of the status quo agreement at the site and “a desecration of its sanctity, a condemnable escalation and an unacceptable provocation.”
The office of Palestinian president, Mahmoud Abbas, said such actions could further destabilize the region.
Ben-Gvir’s spokesman said the minister was seeking greater access and prayer permits for Jewish visitors. He also said that Ben-Gvir had prayed at the site.
There was no immediate comment from Netanyahu’s office. Previous such visits and statements by Ben-Gvir have prompted Netanyahu announcements saying that there is no change in Israel’s policy of keeping the status quo.
Muslim, Christian and Jewish sites, including Al-Aqsa had been largely closed to the public during the Iran war. There was no immediate sign of unrest on Sunday after Ben-Gvir’s visit.
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Netanyahu Visits Troops Fighting Hezbollah in Southern Lebanon
Israeli Prime Minister Benjamin Netanyahu speaks during a press conference at the Prime Minister’s office in Jerusalem, Aug. 10, 2025. Photo: ABIR SULTAN/Pool via REUTERS
i24 News – Israeli Prime Minister Benjamin Netanyahu visited Israeli forces operating in southern Lebanon on Sunday as military operations against Hezbollah-linked targets continue.
Netanyahu toured forward positions alongside Defense Minister Yisrael Katz, Eyal Zamir, and Northern Command Commander Rafi Milo, meeting troops and receiving operational briefings from commanders on the ground.
Speaking to soldiers, Netanyahu praised their performance and said operations in the Lebanese security zone were ongoing.
“The war continues, including within the security zone in Lebanon,” he said, adding that Israeli forces were working to prevent infiltration attempts and neutralize threats such as anti-tank fire and missiles.
He described the northern campaign as part of a broader regional struggle involving Iran and its allies, saying Israel’s adversaries were now “fighting for their survival” following sustained Israeli military pressure.
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Saudi Arabia Restores Full Capacity on East-West Oil Pipeline to 7 Million BPD After Attacks
FILE PHOTO: General view of Khurais NGL recovery plant in the eastern province of Saudi Arabia, June 28, 2021. Picture taken June 28, 2021. REUTERS/Mohammed Benmansour./File Photo
Saudi Arabia has restored full oil pumping capacity through the East-West pipeline to about seven million barrels per day, it said on Sunday, days after providing an assessment of damage on its energy sector from attacks during the Iran conflict.
The ministry said energy facilities and the pipeline affected by attacks during the conflict have recovered and restored operational capacity.
Saudi did not specify who launched the attacks, but the kingdom has intercepted many Iranian missiles and drones in recent weeks.
The strikes also disrupted operations at key oil, gas, refining, petrochemical and electricity sites in Riyadh, the Eastern Province and Yanbu Industrial City.
OUTPUT RECOVERY TO HELP SUPPLY CONTINUITY
Saudi said on Thursday the attacks had cut its oil production capacity by around 600,000 barrels per day and throughput on its East-West Pipeline by about 700,000 bpd.
The East-West Pipeline has been Saudi Arabia’s only crude export route amid the closure of the Strait of Hormuz. Reuters reported on Wednesday that Iran attacked the pipeline just hours after the ceasefire was agreed.
The ministry said it recovered affected volumes from the Manifa oilfield, where output had previously been reduced by around 300,000 bpd.
Work was ongoing to restore full output at the Khurais facility, after strikes on it reduced Saudi capacity by a further 300,000 bpd, the ministry said.
It said the quick recovery would enhance the “reliability and continuity of supplies to local and global markets.”
