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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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Gaza ‘Board of Peace’ to Convene at WH on Feb. 19, One Day After Trump’s Meeting with Netanyahu
US President Donald Trump speaks to the media during the 56th annual World Economic Forum (WEF) meeting in Davos, Switzerland, January 22, 2026. Photo: REUTERS/Denis Balibouse/File Photo
i24 News – A senior official from one of the member states confirms to i24NEWS that an invitation has been received for a gathering of President Trump’s Board of Peace at the White House on February 19, just one day after the president’s planned meeting with Israeli Prime Minister Benjamin Netanyahu.
The meeting comes amid efforts to advance the implementation of the second phase of the Gaza ceasefire, following the limited reopening of the Rafah crossing, the expected announcement on the composition and mandate of the International Stabilization Force, and anticipation of a Trump declaration setting a deadline for Hamas to disarm.
In Israel officials assess that the announcement is expected very soon but has been delayed in part due to ongoing talks with the Americans over Israel’s demands for the demilitarization of the Gaza Strip. Trump reiterated on Thursday his promise that Hamas will indeed be disarmed.
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If US Attacks, Iran Says It Will Strike US Bases in the Region
FILE PHOTO: Iranian Foreign Minister Abbas Araqchi meets with Omani Foreign Minister Sayyid Badr Albusaidi in Muscat, Oman, February 6, 2026. Photo: Omani Ministry of Foreign Affairs/ Handout via REUTERS/File Photo
Iran will strike US bases in the Middle East if it is attacked by US forces that have massed in the region, its foreign minister said on Saturday, insisting that this should not be seen as an attack on the countries hosting them.
Foreign Minister Abbas Araqchi spoke to Qatari Al Jazeera TV a day after Tehran and Washington pledged to continue indirect nuclear talks following what both sides described as positive discussions on Friday in Oman.
While Araqchi said no date had yet been set for the next round of negotiations, US President Donald Trump said they could take place early next week. “We and Washington believe it should be held soon,” Araqchi said.
Trump has threatened to strike Iran after a US naval buildup in the region, demanding that it renounce uranium enrichment, a possible pathway to nuclear bombs, as well as stopping ballistic missile development and support for armed groups around the region. Tehran has long denied any intent to weaponize nuclear fuel production.
While both sides have indicated readiness to revive diplomacy over Tehran’s long-running nuclear dispute with the West, Araqchi balked at widening the talks out.
“Any dialogue requires refraining from threats and pressure. (Tehran) only discusses its nuclear issue … We do not discuss any other issue with the US,” he said.
Last June, the US bombed Iranian nuclear facilities, joining in the final stages of a 12-day Israeli bombing campaign. Tehran has since said it has halted uranium enrichment activity.
Its response at the time included a missile attack on a US base in Qatar, which maintains good relations with both Tehran and Washington.
In the event of a new US attack, Araqchi said the consequences could be similar.
“It would not be possible to attack American soil, but we will target their bases in the region,” he said.
“We will not attack neighboring countries; rather, we will target US bases stationed in them. There is a big difference between the two.”
Iran says it wants recognition of its right to enrich uranium, and that putting its missile program on the negotiating table would leave it vulnerable to Israeli attacks.
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My university wants me to sign a loyalty oath — am I in America or Vichy France?
As a historian of modern France, I have rarely seen a connection between my everyday life in my adopted state of Texas and my work on my adopted specialization: the period we call Vichy France. Apart from the Texan boast that the Lone Star Republic is bigger than the French Republic, and the small town of Paris, Texas, which boasts its own Eiffel Tower, I had no reason to compare the two places where I have spent more than half of my life.
Until now.
Last week, professors and instructors at the University of Houston received an unsettling memo from the administration, which asked us to sign a statement that we teach rather than “indoctrinate” our students.
Though the administration did not define “indoctrinate,” it hardly takes a PhD in English to read between the lines. Indoctrination is precisely what our state government has already forbidden us from doing in our classes. There must not be the slightest sign in our courses and curricula of references to diversity, identity and inclusion. The catch-all word used is “ideology,” a term Governor Greg Abbott recently invoked when he warned that “Texas is targeting professors who are more focused on pushing leftist ideologies rather than preparing students to lead our nation. We must end indoctrination.”
This is not the first time in the past several months that I have been reminded of what occurred in France during the four years that it was ruled by its German occupiers and Vichy collaborators.

Very briefly, with Germany’s rapid and complete defeat of France in 1940, an authoritarian, antisemitic and collaborationist regime assumed power. Among its first acts was to purge French Jews from all the professions, including high school and university faculties, and to impose an “oath of loyalty” to the person of Marshal Philippe Pétain, the elderly but ramrod straight and clear-headed hero of World War I.
The purpose of the oath was simple and straightforward: By demanding the fealty of all state employees to the person of Pétain, it also demanded their hostility to the secular and democratic values of the French republican tradition. Nevertheless, an overwhelming majority of teachers signed the oath —even the novelist and feminist Simone de Beauvoir, who needed her salary as a lycée teacher, as did the writer Jean Guéhenno, a visceral anti-Pétainist who continued to teach at the prestigious Paris lycée Henri IV until he was fired in 1943.
Vichy’s ministers of education understood the vital importance that schools and universities played in shaping citizens. Determined to replace the revolutionary values of liberty, equality and fraternity with the reactionary goals of family, work and homeland, they sought to eliminate “godless schools” and instill a “moral order” based on submission to state and church authorities. This radical experiment, powered by a reactionary ideology, to return France to the golden age of kings, cardinals and social castes came to an inglorious end with the Allied liberation of the country and collapse of Vichy scarcely four years after it had begun.
The French Jewish historian Marc Bloch — who joined the Resistance and sacrificed his life on behalf of a very different ideology we can call humanism — always insisted on the importance of comparative history. But comparison was important not because it identified similarities but because it illuminated differences. Clearly, the situation of professors at UH is very different from that of their French peers in Vichy France. We are not risking our jobs, much less our lives, by resisting this ham-handed effort to demand our loyalty to an anti-indoctrination memo.
But the two situations are not entirely dissimilar, either. Historians of fascism like Robert Paxton remind us that such movements begin slowly, then suddenly assume terrifying proportions. This was certainly the case in interwar France, where highly polarized politics, frequent political violence and a long history of antisemitism and anti-republicanism prepared the ground for Vichy. In France, Paxton writes, this slow, then sudden transformation “changed the practice of citizenship from the enjoyment of constitutional rights and duties to participation in mass ceremonies of affirmation and conformity.”
As an historian of France, I always thought its lurch into authoritarianism was shocking, but not surprising. After all, many of the elements for this change had existed well before 1940. But as a citizen of America, I am not just shocked, but also surprised by official demands for affirmation and conformity. One day I will find the time to think hard about my naiveté. But the time is now to think about how we should respond to these demands.
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