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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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Tidbits: Traces of a ghetto bunker uncovered in Będzin, Poland
Tidbits is a Forverts feature of easy news briefs in Yiddish that you can listen to or read, or both! If you read the article and don’t know a word, just click on it and the translation appears. Listen to the report here:
אַ גרופּע אַרכעאָלאָגן, וואָס האָט געהאַלטן אין מיטן אויסגראָבן אַ בונקער פֿון דער צווייטער וועלט־מלחמה אינעם פּוילישן שטעטל בענדין, האָט אַנטדעקט שפּורן פֿון אַן אונטערערדישן באַהעלטעניש און טונעל, וואָס ייִדן האָבן געניצט קעמפֿנדיק קעגן די דײַטשן אין 1943.
„מיר האָבן אַנטדעקט שטיינערנע טרעפּ, וואָס פֿירן אַרײַן אין אַ באַהעלטעניש אונטער אַן אַמאָליקער געבײַדע,“ האָט די אַרכעאָלאָגישע פֿירמע „וויקאָפּ נאַ פּאָזיאָמיע“ געמאָלדן אויף פֿייסבוק. זיי האָבן אויך אַנטדעקט אַ טונעל, וואָס האָט געדינט ווי אַ זיכער אָרט אונטער ד׳רערד.
די אַרכעאָלאָגן האָבן געזאָגט, אַז זיי האָבן זיך געריכט צו געפֿינען „אַרכעאָלאָגישע עלעמענטן“ אָבער זענען געווען דערשטוינט, וואָס אַלץ האָט זיך אַזוי גוט פֿאַרהיט. אינעם טונעל קען מען נאָך זען די פֿריִערדיקע הילצערנע פּאָדליגע און שפּורן פֿון די ווענט.
דער בונקער איז גלײַך לעבן דעם „הויז פֿון די געטאָ־קעמפֿער“, וואָס געפֿינט זיך הײַנט אויף 24 רוטקאַ־לאַסקיער גאַס. בשעת דער צווייטער וועלט־מלחמה, ווען די נאַציס האָבן פֿאַרטריבן די ייִדן אין געטאָ, איז דער בנין געוואָרן דאָס געהיימע פֿאַרזאַמלונג־אָרט פֿון די ציוניסטישע יוגנט־גרופּעס און דער „ייִדישער קאַמף־אָרגאַניזאַציע“. די מיטגלידער פֿון דער אָרגאַניזאַציע, מיט פֿרומקע פּלאָטניצקאַ בראש, האָבן דורכגעפֿירט אַ ווידערשטאַנד אין אויגוסט 1943, בעת די דײַטשן האָבן אָנגעפֿירט מיט די לעצטע דעפּאָרטאַציעס און מיט דער פֿאַרטיליקונג פֿונעם געטאָ. דרײַ טעג האָבן די ייִדן געקעמפֿט, ביז די דײַטשן האָבן דעם ווידערשטאַנד אײַנגעבראָכן.
אין 2024 האָט די צוקערמאַן גייט פֿונדאַציע געקויפֿט דאָס אייגנס, כּדי דאָרט צו בויען אַן אָנדענק־מוזיי. די פֿונדאַציע איז שוין יאָרן לאַנג אַקטיוו אין בענדין און האַלט דאָרט אויף אַ פּריוואַטע שיל אין אַ טעמעמענט־בנין.
לייענט דעם אַרטיקל אויף ענגליש.
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Netanyahu, IDF condemn Israeli soldier’s bludgeoning of Jesus statue in Lebanon
(JTA) — Israeli Prime Minister Benjamin Netanyahu is denouncing an incident in which a soldier bludgeoned a statue of Jesus in southern Lebanon, igniting criticism at a time when some Christians believe Israel discriminates against them.
A photograph of the incident spread widely on Sunday after being shared by a prominent Palestinian journalist, Younis Tirawi. The photograph shows a soldier in an Israel Defense Forces uniform smashing a statue of Jesus, which has fallen from its cross and is lying partially on the ground.
The IDF said it had examined the photograph and determined that it was real. “The IDF views the incident with great severity and emphasizes that the soldier’s conduct is wholly inconsistent with the values expected of its troops,” it said in a statement.
Netanyahu said the photograph had shocked him.
“Yesterday, like the overwhelming majority of Israelis, I was stunned and saddened to learn that an IDF soldier damaged a Catholic religious icon in southern Lebanon. I condemn the act in the strongest terms,” he said in a statement on Monday. “Military authorities are conducting a criminal probe of the matter and will take appropriately harsh disciplinary action against the offender.”
The incident took place in Debel, a Christian village in the region of Bint Jbeil, where Israel said it killed 150 Hezbollah operatives, including a commander, on the day before a ceasefire was imposed last week. A church in Debel posted a picture of the statue when it was intact, along with the line, spoken by Jesus in the New Testament during his crucifixion, “Father, forgive them, for they know not what they do.”
The incident comes comes as Israel fends off criticism from even its allies that it is discriminating against Christians. Tensions flared last month when the Israel Police, citing wartime safety regulations, blocked top Catholic clergy from holding a Palm Sunday service in the Church of the Holy Sepulchre in the Old City of Jerusalem, eliciting oblique criticism from the pope. Netanyahu said in response that he had ordered that the clergy be given full access to the church.
In his statement about the statue incident, Netanyahu emphasized that Christians in the Middle East face danger from Islamic fundamentalists, including in Lebanon.
“Israel is the only country in the region that the Christian population and standard of living is growing. Israel is the only place in the Middle East that adheres to freedom of worship for all,” he said. “We express regret for the incident and for any hurt this has caused to believers in Lebanon and around the world.”
The Lebanon incident adds to a number of incidents in which Israeli soldiers have been photographed or filmed desecrating religious objects or sites in areas where they have been fighting, including in Gaza. (The IDF has urged soldiers not to take or share photographs of their activities.) The Israeli army has denounced the incidents, but even those who have resisted the most strident criticisms of Israel say a pattern is adding up.
“The lack of discipline, professional conduct, and antagonizing of Christians in Lebanon and elsewhere is an entirely unnecessary and deeply harmful behavior that will further erode support for Israel and fuel those who believe this is a religious war of conquest,” tweeted Ahmed Fouad Alkhatib, a Palestinian writer and advocate in the United States who has criticized both Hamas and Israel.
The Lebanon incident also comes amid a number of incidents suggesting growing influence by religious Jewish leadership in the IDF. In recent days, soldiers were jailed for barbecuing on their base on Shabbat, when traditional Jewish law prohibits cooking; women soldiers were penalized for wearing immodest clothing to their discharge ceremonies; and the army was accused of barring women from wearing shorts while running in a race associated with the Jerusalem Marathon.
This article originally appeared on JTA.org.
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Police eye Iran involvement as 3 London synagogues are targeted in arson attacks
(JTA) — Two teenagers have been arrested in connection with an arson attack on a London synagogue on Sunday, the third within days on Jewish targets in the city.
No one was injured at Kenton United Synagogue after police said a “bottle with some sort of accelerant” was thrown through a window. A fire was extinguished before it could do significant damage.
Police offered few details about the men arrested beyond their ages, 17 and 19. But they said they saw emerging evidence that the attack and others in recent days may have been conducted in exchange for payments from Iran, which has said it would strike targets abroad in response to the U.S.-Israeli war against it.
“We’ve seen a pattern,” Matt Jukes, the police force’s deputy commissioner, said on the BBC on Monday. He said there had been 15 arrests related to incidents targeting the Jewish community in recent weeks and most appeared to be of “people taking cash as it looks like quick and easy money” to stage an attack.
Many of the attacks, including the most recent one, have been claimed by a new group, The Islamic Movement of the People of the Right Hand, that appears Iran-linked and says it is behind arsons and explosives targeting synagogues across Europe.
Jukes and Vicki Evans, the Metropolitan Police’s senior national coordination for counterterrorism, addressed the drumbeat of London attacks during a press conference on Sunday outside the Kenton synagogue. There, Evans spoke directly to Brits who might be considered as a get-rich-quick scheme.
“To anyone even considering getting involved, my message to you would be this: The stakes are high — and it is absolutely not worth the risk for a small reward,” she said. “Those tasking you will not be there when you are arrested and face court. You will be used once and thrown away without a second thought.”
The Kenton arson followed multiple other incidents in recent days. Two people were arrested after throwing bottles containing liquid at Finchley Reform Synagogue last week, and on Friday a fire was set at a nearby building that formerly held a nonprofit called Jewish Futures and still bears its sign. Suspicious material was also found near the Israeli embassy.
Last month, arsonists set fire to ambulances owned by Hatzola, an emergency service operated by a Jewish nonprofit. At least five people, including several young adults and one person who does not hold British citizenship, have been arrested in connection with the arson. Police also arrested multiple men who they said had been spying on British Jewish communities on behalf of Iran.
British Jewish leaders have responded to the incidents with growing alarm, even as police have worked to apprehend the perpetrators and calm tensions.
“A sustained campaign of violence and intimidation against the Jewish community of the UK is gathering momentum. This sustained attack on our community’s ability to worship and live in safety is an attack on the values that bind us all together,” Chief Rabbi Ephraim Mirvis said in a statement. “Thank God, no lives have been lost, but we cannot, and must not, wait for that to change before we understand just how dangerous this moment is for all of our society.”
The Campaign Against Antisemitism, an advocacy group, criticized the government for failing to designate and ban Iran’s Islamic Revolutionary Guard Corps as a terrorist group. British lawmakers tabled a proposal to adopt such a designation, which other countries including the United States and the European Union have adopted as a tool to fight Iran’s malign influence, earlier this year.
“It is shocking that concern for the sensitivities of a violent Iranian regime is more important to the Government than the welfare of Jewish people in this country,” the Campaign Against Antisemitism said.
And the Board of Deputies, a group representing Jewish communities, urged British Jews to follow security guidelines and vowed to defy the violence.
“Our community will not be intimidated by these cowardly acts of hate, which are an attack on Britain and its values, and on the security and cohesion of everyone in our country,” it said.
This article originally appeared on JTA.org.
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