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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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Report: Regime Change Not Ruled Out as US Mulls Escalation Against Venezuela

Venezuelan President Nicolas Maduro speaks during a march amid the disputed presidential election, in Caracas, Venezuela, Aug. 3, 2024. Photo: REUTERS/Maxwell Briceno

i24 NewsThe United States is poised to launch a new phase of Venezuela-related operations in the coming days, as the US administration of President Donald Trump ratchets up pressure on President Nicolas Maduro’s government, Reuters reported Saturday citing four officials familiar with the matter. An escalation that would go so far as overthrowing Maduro’s dictatorial regime could not be ruled out, it is understood.

The report could not provide the exact timing or scope of the new operations, nor confirm that Trump had made a final decision to act. Reports of looming action have proliferated in recent weeks as the US military has deployed forces to the Caribbean amid worsening relations with Venezuela.

Two of the US officials said covert operations would likely be the first part of the new action against Maduro. Another “senior administration official” said he did not rule anything out regarding Venezuela.

“President Trump is prepared to use every element of American power to stop drugs from flooding into our country and to bring those responsible to justice,” the official was quoted as saying.

Also on Saturday, three international airlines canceled their flights departing from Venezuela, the day after the US Federal Aviation Administration warned major airlines of a “potentially hazardous situation” when flying over the country.

Brazil’s Gol, Colombia’s Avianca and TAP Air Portugal canceled their flights departing from Caracas on Saturday, according to Flightradar24 and the official website of Simon Bolivar Maiquetia International Airport.

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Indonesia’s Biggest Islamic Group Asks Chief to Resign Over Invitation to Pro-Israeli Speaker

Then Israeli Prime Minister Benjamin Netanyahu meets with Yahya Cholil Staquf, secretary general of the 60-million member Nahdlatul Ulama, Indonesia’s largest Muslim organization, at his office in Jerusalem. Photo: Haim Zach/GPO.

Indonesia’s biggest Islamic organization, Nahdlatul Ulama, has asked its chief to resign for inviting a US scholar known for his support of Israel during the Gaza war to an internal event in August, according to meeting minutes reviewed by Reuters.

The leadership of NU, which is also the world’s biggest Islamic organization with around 100 million members and affiliates, has given Chairman Yahya Cholil Staquf three days to offer his resignation or be removed from his post, according to the minutes from a meeting on Thursday.

NU cited Staquf’s invitation to a person “affiliated with an International Zionism network” for an internal event and alleged financial mismanagement as reasons for his ouster.

Staquf, who has been NU’s chairman since 2021, did not immediately respond to a request for comment.

NU official Najib Azca told Reuters the decision was linked to Staquf’s invitation to former US official and scholar Peter Berkowitz for an August training event.

Staquf has apologized for the invitation and called it an oversight as he had not carefully checked Berkowitz’s background, adding that he condemned Israel‘s “brutal genocidal acts in Gaza.”

Berkowitz often writes in support of Israel‘s campaign in Gaza, according to his website, including a piece in September aiming to refute allegations of genocide against Israel.

Berkowitz spoke at NU seminars about the history of Western political thought in August, his website showed.

Berkowitz did not immediately respond to an email requesting comment that reached him outside of office hours.

Indonesia, the world’s Muslim-majority nation, has routinely condemned Israel‘s actions in the Palestinian enclave of Gaza since the war broke out in 2023. It has long advocated for a two-state solution and has no diplomatic relations with Israel.

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Protesters at Tel Aviv Rally Call for State Inquiry into Oct. 7 Failings

Israeli Prime Minister Benjamin Netanyahu participates in the state memorial ceremony for the fallen of the Iron Swords War on Mount Herzl. In Jerusalem on 16 October 2025. Photo: Alex Kolomoisky/POOL/Pool via REUTERS

i24 NewsIsraeli protesters gathered on Saturday in Tel Aviv, to demand the government of Prime Minister Benjamin Netanyahu appoint a committee to initiate a state inquiry on the security failings of October 7.

Saturday night rallies in Tel Aviv have been a fixture of the two-year-long war in Gaza that was triggered by the Hamas-led cross-border attack on October 7, 2023, that saw the worst massacre of Jews since the Holocaust.

Protesters charged that Netanyahu refuses to be held accountable for his share of responsibility in Israel’s blackest day. They likewise took exception to Netanyahu’s wish to select the members of the committee, arguing this represented subversion of the democratic process.

Protesters also demanded the return of remains of the three deceased hostages still remaining in Gaza: Ran Gvili, Dror or and Sudthisak Rinthalak.

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