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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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Eli Sharabi’s ‘Hostage’ memoir named Jewish book of the year

(JTA) — Eli Sharabi’s memoir “Hostage,” recounting his experience in Hamas captivity after the Oct. 7, 2023 attack, has been named Book of the Year by the National Jewish Book Awards, organizers announced Wednesday.

The awards, presented by the Jewish Book Council and considered among the most prestigious honors in Jewish literature, recognize outstanding English-language books of Jewish interest across dozens of categories. Founded in 1950, the program is the longest-running North American awards initiative devoted to Jewish books.

Sharabi’s memoir, which details his abduction from Kibbutz Be’eri and the more than year he spent in captivity, became a bestseller in Israel and was later released in English in the United States.

“This recognition means so much to me, not only personally, but for the memory of my family and all those we lost,” Sharabi said in a statement. “’Hostage’ is my testimony, a story of my survival, written so others could bear witness. I hope it helps ensure that what happened is never forgotten.”

Other major winners reflect the breadth of contemporary Jewish writing, spanning scholarship, fiction, memoir and children’s literature.

In American Jewish studies, Pamela S. Nadell won for “Antisemitism, an American Tradition,” a look at the forms antisemitism took in the country from the early Dutch settlers to the present day. The Russian-born journalist Julia Ioffe took the autobiography and memoir prize for “Motherland: A Feminist History of Modern Russia, from Revolution to Autocracy.” The book blends memoir, journalism and history to examine modern Russia through the lens of women’s experiences.

Jack Fairweather’s “The Prosecutor: One Man’s Battle to Bring Nazis to Justice,” the story of a Jewish judge and Holocaust survivor from Stuttgart who pursued Nazi perpetrators in post-war Germany, won the biography award.

Fiction honors went to Allison Epstein for “Fagin the Thief,” a retelling of the Dickens novel “Oliver Twist” from the perspective of its Jewish antihero, and Zeeva Bukai received the debut fiction prize for “The Anatomy of Exile,” about the multigenerational echoes of a secret love affair between an Israeli Jewish woman and a Pales­tin­ian poet.

The Hebrew fiction in translation category recognized “Dog,” by Yishay Ishi Ron, translated by Yardenne Greenspan, which also earned a selection in the book club category. The novella’s protagonist is an Israeli combat veteran haunted by his service in one of the Gaza campaigns prior to Oct. 7.

This year’s awards arrive as the Jewish discourse has been reshaped by the aftermath of Oct. 7, a global surge in antisemitism and the polarizing debate over Israel that followed. Last year’s winner for book of the year, “10/7: 100 Human Stories” by Lee Yaron, was also an account of the attacks and their aftermath.

Jewish anxieties in light of Oct. 7 are the subject of Sarah Hurwitz’s “As A Jew: Reclaiming Our Story From Those Who Blame, Shame, and Try to Erase Us,” which won in the contemporary Jewish life and practice category. Hurwitz, a speechwriter in the Obama administration, provides a primer on Jewish history, texts and practices in order to counter what she calls misinformation among Jews, their allies and their critics.

“Especially amid rising antisemitism and Jewish authors facing increased scrutiny, Jewish books have the power to create and sustain community,” said Naomi Firestone-Teeter, CEO of Jewish Book Council, in a statement announcing the winners.

In “Hostage,” Sharabi writes about the terror of his abduction and the daily struggle to survive after Hamas fighters stormed Kibbutz Be’eri. He would spend 491 days in captivity, much of it in tunnels beneath Gaza, before being released on Feb. 8,  2025, as part of a negotiated deal. Throughout the ordeal, Sharabi clung to the hope of rescue, writing: ‘I refuse to let myself drown in pain. I am surviving. I am a hostage. In the heart of Gaza. A stranger in a strange land. In the home of a Hamas-supporting family. And I’m getting out of here. I have to. I’m getting out of here. I’m coming home.”

Other nonfiction winners included Elissa Bemporad’s “Jews in the Soviet Union: A History: Revolution, Civil War, and New Ways of Life, 1917–1930, Volume 1,” which won in history; Anna Hájková’s “People Without History are Dust: Queer Desire in the Holocaust,” honored in Holocaust studies alongside translator William Ross Jones; and Tobias Schiff’s “Return to the Place I Never Left,” which won the Holocaust memoir award, with Dani James recognized for translation.

Awards recognizing contemporary Jewish thought and scholarship included Lawrence Grossman’s “Living in Both Worlds: Modern Orthodox Judaism in the United States, 1945–2025,” and Debra Kaplan and Elisheva Carlebach’s “A Woman Is Responsible for Everything: Jewish Women in Early Modern Europe,” which won multiple prizes, including scholarship and women’s studies.

In children’s and young readers’ categories, Alison Goldberg’s “The Remembering Candle,” illustrated by Selina Alko, won for children’s picture book; Janice Shapiro’s “Honoria: A Fortuitous Friendship” took the prize for middle grade literature; and Eugene Yelchin’s graphic memoir “I Wish I Didn’t Have to Tell You This” won in young adult literature.

Other winners include Miriam Udel’s “Modern Jewish Worldmaking Through Yiddish Children’s Literature,” which won in education and Jewish identity; Raegan Steinberg, Alexandre Cohen and Evelyne Eng’s “Arthurs: Home of the Nosh,” honored in food writing and cookbooks; Ariella Aïsha Azoulay’s “Golden Threads,” which won for Sephardic culture; Elizabeth E. Imber’s “Uncertain Empire,” for writing based on archival material; and Aharon Shabtai’s “Requiem & Other Poems,” translated by Peter Cole, which won the poetry award.

The winners will be honored at an awards ceremony in New York next month hoisted by the entertainer Jonah Platt. At the ceremony, journalist Sam Feedman will be presented with the council’s Mentorship Award, named in honor of Carolyn Starman Hessel, longtime former director of the JBC. Freedman, a former New York Times reporter and professor at the Columbia Journalism School, taught a popular course that helped over 100 students turn their ideas into books, including “When They Come for Us, We’ll Be Gone: The Epic Struggle to Save Soviet Jewry,” Gal Beckerman’s 2010 history of the Soviet Jewry movement.

“Sam Freedman changed my life as a writer,” Beckerman said in a statement. “He believed in me before I believed in myself, pushed me to take my work seriously, and opened doors I didn’t even know existed. With tough love and deep generosity, he guided me through the daunting process of writing a book as if it were his own. What he did for me, he did for dozens of writers.”

The post Eli Sharabi’s ‘Hostage’ memoir named Jewish book of the year appeared first on The Forward.

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Andorra’s tiny Jewish community reels after local carnival features mock execution of Israeli effigy

(JTA) — An annual festival in Andorra drew condemnation from the country’s small Jewish community after an effigy bearing the Israeli flag was staged in a mock trial and then hung and shot.

The incident was part of the traditional Catalan festival Carnestoltes, which occurs yearly before Lent, the 40-day period that precedes Easter. At Monday’s festival in Andorra, where a mock king is typically tried and burned, organizers instead used an effigy wearing blue with the Israeli flag painted on its face.

During the festivities, the Israeli effigy was symbolically tried, hung, shot and burned, according to social media posts and a report in the Israeli outlet YNet.

The incident drew outcry from the microstate’s tiny Jewish community, which only just got its first full-time rabbi, a Chabad emissary, in the last two years.

“This is a ritual they perform every year as part of carnival, where they mock many things,” Jewish Andorra resident Esther Pujol told YNet. “This time they dressed the effigy in the colors of the Israeli flag, with a Star of David on its face. They put it on trial, sentenced it to death and carried out the sentence by shooting and burning it. It is completely unacceptable.”

Pujol told the outlet that it was the first time she had seen the festival include anti-Israel or antisemitic elements, and that she had contacted Andorran lawmakers to express her outrage. The mayor of Encamp, the city where the incident took place, and local politicians took part in the ceremony, according to YNet.

The European Jewish Congress also decried the display in a post on X, writing that the mock-execution was a “deeply disturbing act that risks normalizing antisemitism and incitement.”

“This incident requires unequivocal condemnation, full clarification of responsibilities and concrete measures to ensure that antisemitism is never tolerated in public celebrations or institutions in Andorra or anywhere in Europe,” the post continued.

Other Lent festivities have also been the site of antisemitism in recent years, with Belgian celebrations in 2019 featuring antisemitic caricatures and a Spanish parade in 2020 featuring a Holocaust-themed display.

The incident marks a rare instance of open turmoil for Jews in Andorra, which is nestled between France and Spain in the Pyrenees mountains. While France and Spain have seen widespread pro-Palestinian protests and antisemitic incidents in recent years, Andorra has largely avoided similar tensions.

In September, Andorra formally announced its recognition of Palestinian statehood alongside a host of other European nations during the United Nations General Assembly in New York City.

But local Jews have also sought to remain under the radar, considering that Andorra officially prohibits non-Catholic houses of worship. The Jewish community calls their gathering place a community center rather than a synagogue. In 2023, Andorra’s parliament elected a Jewish lawmaker for the first time.

The post Andorra’s tiny Jewish community reels after local carnival features mock execution of Israeli effigy appeared first on The Forward.

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British woman who removed an Israeli hostage poster from a memorial site is convicted of theft

(JTA) — A British woman who is married to a Jewish anti-Zionist activist has been convicted of theft in connection with a 2024 incident in which she removed an Israeli hostage poster and threw it in the trash.

Fiona Monro, 58, of Brighton, England, was found guilty of theft, but not convicted of criminal damage for charges stemming from a February 2024 incident in which she took a large laminated poster of Israeli hostage Tzachi Idan and disposed of it.

A relative of Idan who lives in a neighboring town, Howe, returned the poster to the memorial site after Monro threw it away. A week later, Monro also wrote the phrase “Pray for the 30,000 murdered Palestinians” on the memorial but was acquitted of charges related to the vandalism, according to Brighton and Hove News.

The incident came at a time when Israeli hostage posters were being vandalized frequently by activists across the globe who said they were protesting the war in Gaza. The war began when Hamas attacked Israel on Oct. 7, 2023, killing about 1,200 people and taking about 250 hostages. Idan was killed in Hamas captivity and his remains were returned to Israel a year ago during a negotiated ceasefire.

“This crime was one out of 50 times the memorial was vandalised and it took two years to get justice. But it is possible to get a win,” Heidi Bachram, one of the memorial’s organizers, told the Jewish News following Monro’s convict. “We cannot let hateful people get away with attacking us.”

Monro told police that the memorial located in Brighton’s Palmeira Square “did not represent the Jewish community,” citing her marriage to the prominent activist Tony Greenstein. Greenstein was expelled from Great Britain’s Labour Party in 2018 over his social media comments about Israel, which his party deemed antisemitic.

“The board was clearly there to justify the genocide that was happening,” Monro said in the police interview. “A large laminated board with a photograph of a hostage was highly inflammatory to many people in that community clearly found it very upsetting to have that constantly thrust in our face daily.”

After Monro’s lawyer, Hamish McCallum, requested that the jury consider whether it was proportionate to convict her on the basis she was exercising her right to express her political views, Judge Stephen Mooney rejected the proposal.

“This is not therefore a case of the state seeking to prosecute the defendant disproportionately for expressing her own views or otherwise interfering with her rights,” said Mooney. “It is a case of the state prosecuting the defendant for putting her views above those of others and causing them wholly unnecessary distress by so doing.”

Mooney gave Monro an 18-month conditional discharge and ordered her to pay $1,637 in prosecution costs.

The post British woman who removed an Israeli hostage poster from a memorial site is convicted of theft appeared first on The Forward.

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