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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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IDF Nabs Islamic State Terror Suspect in Syria

Guns seized in the course of the operation. Photo: IDF Spokesperson via i24

i24 NewsIsrael Defense Forces soldiers conducted an operation on Wednesday in the area of Rafid in southern Syria to apprehend a suspected terrorist affiliated with ISIS, the military spokesperson said on Saturday.

The announcement comes as Washington announced a major operation to eliminated Islamic State terrorists in Syria after three Americans lost their lives in a jihadist attack in Palmyra.

The Israeli soldiers completed the operation in Syria “in cooperation with IDF intelligence,” the statement read, adding that “the suspect was transferred for further processing in Israeli territory.”

Additionally, during the operation, weapons were found and seized.

IDF troops “continue to remain deployed along the Golan Heights border in order to protect the State of Israel and its citizens,” the statement from the spokesperson concluded.

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Report: Trump Admin Envisions Transformation of Gaza into Chic High-Tech Metropolis

US Middle East envoy Steve Witkoff, Washington, DC, Jan. 20, 2025. Photo: REUTERS/Carlos Barria

i24 NewsThe US administration of President Trump vision for the future of Gaza has it transformed into a high-end high-tech hub of luxury and innovation, the Wall Street Journal reported Saturday.

A team of officials understood to be led by Trump’s son-in-law Jared Kushner and special Middle East envoy Steve Witkoff developed a draft proposal to convert the war-ravaged Palestinian territory into a glittering metropolis, propelling Gazans from poverty to prosperity.

US officials with familiarity with the plan—pitched to foreign governments and delegations as a PowerPoint presentation— are cited in the report as saying that, understandable open-endedness of a project in its early phase notwithstanding, the blueprint has many lacunae and leaves crucial questions unanswered.

Critics cite the plan’s silence on the thorny question of disarming Hamas, the Islamist terror group that ruled Gaza for the past 15 years, and initiated the cross-border incursion and massacre of Israelis on October 7, 2023; the attack launched the devastating war that has left much of the coastal territory in ruins.

The plan’s projected cost is put at $112.1 billion over 10 years, with Washington prepared to commit support to the tune of some $60 billion in grants and guarantees on debt for “all the contemplated workstreams” in that time period.

The question of where two million Gazans would reside during the costly and lengthy rebuilding is also left unaddressed, it is understood.

Similar-sounding plans have been mooted by the Trump administration even before it managed to broker a ceasefire in October that paused the two year-long war.

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Lebanon Close to Completing Disarmament of Hezbollah South of Litani River, Says PM

FILE PHOTO: Lebanese Prime Minister Nawaf Salam speaks to journalists at the government headquarters in Beirut, Lebanon, December 3, 2025. REUTERS/Mohamed Azakir/File Photo

Lebanon is close to completing the disarmament of Hezbollah south of the Litani River, Prime Minister Nawaf Salam said on Saturday, as the country races to fulfil a key demand of its ceasefire with Israel before a year-end deadline.

The US-backed ceasefire, agreed in November 2024, ended more than a year of fighting between Israel and Hezbollah and required the disarmament of the Iran-aligned terrorirst group, starting in areas south of the river adjacent to Israel.

Lebanese authorities, led by President Joseph Aoun and Salam, tasked the US-backed Lebanese army on August 5 with devising a plan to establish a state monopoly on arms by the end of the year.

“Prime Minister Salam affirmed that the first phase of the weapons consolidation plan related to the area south of the Litani River is only days away from completion,” a statement from his office said.

“The state is ready to move on to the second phase – namely (confiscating weapons) north of the Litani River – based on the plan prepared by the Lebanese army pursuant to a mandate from the government,” Salam added.

The statement came after Salam held talks with Simon Karam, Lebanon’s top civilian negotiator on a committee overseeing the Hezbollah-Israel truce.

Since the ceasefire, the sides have regularly accused each other of violations, with Israel questioning the Lebanese army’s efforts to disarm Hezbollah. Israeli warplanes have increasingly targeted Hezbollah in southern Lebanon and even in the capital.

Hezbollah, a Shi’ite Muslim group, has tried to resist the pressure – from its mainly Christian and Sunni Muslim opponents in Lebanon as well as from the US and Saudi Arabia – to disarm, saying it would be a mistake while Israel continues its air strikes on the country.

Israel has publicly urged Lebanese authorities to fulfil the conditions of the truce, saying it will act “as necessary” if Lebanon fails to take steps against Hezbollah.

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