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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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Mediators Still Seek to Bridge US, Iran Gaps Despite No Face-to-Face Talks

People walk past a billboard with a graphic design about the Strait of Hormuz on a building, amid a ceasefire between US and Iran, in Tehran, Iran, April 27, 2026. Photo: Majid Asgaripour/WANA (West Asia News Agency) via REUTERS

Work has not halted to bridge gaps between the United States and Iran, sources from mediator Pakistan said, despite the absence of face-to-face diplomacy after President Donald Trump called off a trip by his envoys over the weekend.

Iranian sources disclosed Tehran’s latest proposal on Monday, which would set aside discussion of Iran‘s nuclear program until the war is ended and disputes over shipping from the Gulf are resolved. That is unlikely to satisfy Washington, which says nuclear issues must be dealt with from the outset.

Hopes of reviving peace efforts have receded since the US president scrapped a visit on Saturday by his envoy Steve Witkoff and son-in-law Jared Kushner to Islamabad, the Pakistani capital, where Iranian Foreign Minister Abbas Araqchi shuttled in and out twice over the weekend.

Araqchi also visited Oman over the weekend and went to Russia on Monday, where he met President Vladimir Putin and received words of support from a longstanding ally.

OIL PRICES RISE AGAIN

With the warring sides still seemingly far apart on issues including Iran‘s nuclear ambitions and access through the crucial Strait of Hormuz, oil prices resumed their upward march when trade reopened on Monday. Brent crude was up around 3.5% at around $108.8 a barrel by 1500 GMT.

“If they want to talk, they can come to us, or they can call us. You know, there is a telephone. We have nice, secure lines,” Trump told “The Sunday Briefing” on Fox News.

“They know what has to be in the agreement. It’s very simple: They cannot have a nuclear weapon; otherwise, there’s no reason to meet,” Trump said.

Araqchi expressed a different perspective, telling reporters in Russia that Trump requested negotiations because the US has not achieved any of its objectives.

ISLAMABAD REOPENS AFTER LOCKDOWN TO HOST TALKS

Senior Iranian sources, speaking on condition of anonymity, told Reuters the proposal carried by Araqchi to Islamabad over the weekend envisioned talks in stages, with the nuclear issue to be set aside at the start.

A first step would require ending the US-Israeli war on Iran and providing guarantees that Washington cannot start it up again. Then negotiators would resolve the US blockade and the fate of the Strait of Hormuz, which Iran aims to reopen under its control.

Only then would talks look at other issues, including the longstanding dispute over Iran‘s nuclear program, with Iran still seeking some kind of US acknowledgment of its right to enrich uranium for what it says are peaceful purposes.

In a sign that no face-to-face meetings are planned any time soon, streets reopened in Pakistan’s capital Islamabad, which had been locked down for a week in anticipation of talks that never took place. The luxury hotel that had been cleared out to serve as a venue was again taking reservations from the public.

Pakistani officials said negotiations were still taking place remotely, but there were no plans to convene a meeting in person until the sides were close enough to sign a memorandum.

SHIPPING SNARLED BY BOTH SIDES

Although a ceasefire has paused the US-Israeli strikes on Iran that began on Feb. 28, no agreement has been reached on terms to end a war that has killed thousands and driven up oil prices. Both sides could be settling in for a test of wills.

Iran has largely blocked all shipping apart from its own from the Gulf through the Strait of Hormuz since the war began. This month, the United States began blockading Iranian ships.

Six tankers loaded with Iranian oil have been forced back to Iran by the US blockade in recent days, ship-tracking data shows, underscoring the impact the war is having on traffic.

Between 125 and 140 ships usually crossed in and out of the strait daily before the war, but only seven have done so in the past day, according to Kpler ship-tracking data and satellite analysis from SynMax, and none of them were carrying oil bound for the global market.

With his approval ratings falling, Trump faces domestic pressure to end the unpopular war. Iran‘s leaders, though weakened militarily, have found leverage with their ability to stop shipping in the strait, which normally carries a fifth of global oil shipments.

However, experts have warned that the Iranian economy is on the verge of collapse, especially if the US blockade continues to slash Iran’s oil exports.

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Five Stand Trial in Germany Over Attack on Israeli Defense Company Office

Elbit Systems logo is seen in this illustration taken July 26, 2025. Photo: REUTERS/Dado Ruvic/Illustration

Five people appeared in court in Stuttgart on Monday on charges of causing about 1 million euros ($1.17 million) of damage at the German site of an Israeli defense company, the court said.

Prosecutors say the defendants, aged 25 to 40, trespassed and shouted pro-Palestinian statements as they smashed office equipment, measuring devices and windows at the business in the southern city of Ulm, the court added.

According to the charges, the defendants acted as members of the “Palestine Action Germany” organization, which later published videos claiming responsibility for the attack.

The defendants, who were not named, are Irish, British, Spanish, and German, prosecutors have said.

News outlets including Stuttgarter Zeitung and broadcaster SWR said the vandalized office belonged to Israeli defense electronics firm Elbit Systems.

Elbit, which has an office in Ulm, did not immediately respond to a request for comment. The court did not identify Elbit as the target of the Ulm attack but said the company had been the target of attacks by “Palestine Action” groups in 2024.

Attacks against Jewish people and targets have risen worldwide since war erupted in Gaza in October 2023, following an attack on Israel by Hamas-led terrorists and Israel’s subsequent military offensive.

Monday’s hearing took place in a high-security facility at the court, officials said.

The Stuttgart court has previously said that more than a dozen hearings have been scheduled in the case until the end of July.

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Ukraine to Take Measures Against Israel if Grain Ship Docks, Source Says

Ukraine’s President Volodymyr Zelenskiy attends a press conference with European Commission President Ursula von der Leyen (not pictured) and European Council President Antonio Costa (not pictured) on the fourth anniversary of Russia’s full-scale invasion of Ukraine, in Kyiv, Ukraine, Feb. 24, 2026. Photo: REUTERS/Valentyn Ogirenko

Israel risks a diplomatic and legal response from Kyiv if it allows a vessel carrying grain from Russian-occupied Ukraine to dock at the port of Haifa, a Ukrainian diplomatic source told Reuters on Monday.

Israel‘s Haaretz newspaper reported earlier that the vessel Panormitis, which it said was carrying grain from occupied Ukrainian territory that Kyiv regards as stolen, was waiting for permission to berth in Haifa.

“If this ship and its cargo isn’t rejected, we reserve the right to deploy a full suite of diplomatic and international legal responses,” the Ukrainian source said on condition of anonymity.

Israel‘s foreign ministry did not immediately respond to a request for comment.

Haaretz reported on Sunday that four shipments of grain from occupied Ukraine had already been unloaded in Israel this year.

“The practice of laundering stolen goods is unacceptable, and Israel has essentially shrugged off our demands regarding the previous vessel,” the source said.

The source added Kyiv was tracking the vessel, warning that allowing it to dock would have consequences for bilateral relations between Ukraine and Israel.

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