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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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Holocaust Denial Is Best Predicted by Belief in Other Conspiracy Theories, New Research Shows

White supremacist Nick Fuentes with a crowd of supporters after speaking at the America First Political Action Conference 4 outside of Huntington Place in in Detroit, Michigan, on June 15, 2024, after he and his supporters were ejected from the Turning Point USA ”People’s Convention.” Photo: Dominic Gwinn/ZUMA Press Wire via Reuters Connect

The best predictor of Holocaust denial is belief in other conspiracy theories, which is driven by low trust in institutions, according to newly published research.

The report, released by The Center for Heterodox Social Science and written by Canadian professor Eric Kaufman, is titled, “Recreational Racists and Performative Antisemites? A Profile of Right-Wing Audiences from Fuentes to Carlson.”

In the report, Kaufman explores the audiences of far-right podcasters, including Tucker Carlson, Nick Fuentes, and Candace Owens. He also extensively goes through a recent Manhattan Institute report that included findings on antisemitism and other forms of hate.

“Fuentes and others are infotainers, with very little impact on public opinion,” the professor states. “First, Fuentes’ audience is no larger than Alex Jones. My new survey shows that just 2-3 percent of US adults and 7 percent of [US President Donald] Trump voters under 35 tune in regularly.”

And while Kaufman found in the data that the audiences of Carlson and Owens are larger, “There are few white nationalists among Fuentes or Tucker Carlson’s followers. Only 10-20 percent of Fuentes & Carlson’s regular viewers back zero immigration or say you have to be white to be a ‘true American.’”

In his article on the report for Compact Magazine, the researcher argued, “It’s time to press pause on the panic about antisemitic and racist influencers taking over young conservatism. We should worry more about how a collapse in trust is fueling nihilistic conspiracy theories.”

He goes on to explain that the audiences of many of these podcasters are not particularly ideologically or consistently hateful. For example, “Holocaust denial is linked to other conspiracy theories but not as clearly to attitudes toward Jews, with only 22 percent of Holocaust deniers saying that Jews are given too much support and favorable treatment in American society.”

Instead, “Their racism is superficial, transgressive, and performative,” and it is driven by a form of nihilism that expresses itself in conspiracy theories.”

“Researchers find that an important predictor of belief in conspiracy theories is low trust,” Kaufman writes. “After all, conspiratorial thinking is predicated on a lack of trust in powerful elites and institutions, notably mainstream media, and a suspicion that one’s fellow citizens have had the wool pulled down over their eyes.”

On that note, he notes in a summary of his findings on social media that “the strongest predictor of Holocaust denial is believing in other conspiracy theories (i.e. moon landings, 9/11 an inside job). This is even more predictive than identifying as an antisemite!”

He continues, “Similar pattern for beliefs about ‘Israel’s supporters’ controlling the media. The more conspiratorial accounts (Jones, Fuentes, Tucker, Owens, Bannon) are twice as likely to believe this.”

“The strongest predictor of Jewish conspiracism is general conspiracism,” he writes.

The consequences of his findings, Kaufman explains, is that “the right-wing cultural ecosystem faces a dilemma. A degree of populist disruption, mistrust, and skepticism is necessary to reform established institutions and challenge the power of special interests, entryism, and ideological capture.”

However, “the challenge,” Kaufman argues, “is to permit all theories to be advanced in the public square, but have commentators dismantle those which are ungrounded in systematic evidence.”

He sees this as a dilemma that needs to be solved to prevent his concern over “the emergence of a floating ‘conspiracy vote,’ leaning young and nonwhite, which could shape the political and cultural direction of today’s unprecedentedly low-trust America.”

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UN Rights Body Censures Iran’s ‘Brutal Repression’ of Protests; Tehran Threatens US Investments in Region

Members of the UN Security Council meet on Iran at the request of the United States at UN headquarters in New York City, US, Jan. 15, 2026. Photo: REUTERS/Eduardo Munoz

The UN rights body condemned Iran on Friday for rights abuses and mandated an investigation into a recent crackdown on anti-government protests that killed thousands of people.

“I call on the Iranian authorities to reconsider, to pull back, and to end their brutal repression,” High Commissioner Volker Turk told an emergency session of the UN Human Rights Council in Geneva, voicing concerns for detainees.

The council passed a motion extending a previous inquiry set up in 2022 so UN investigators could also document the latest unrest “for potential future legal proceedings.”

Rights groups say bystanders were among those killed during the biggest crackdown since Shi’ite Muslim clerics took power in the 1979 revolution. Tehran has blamed “terrorists and rioters” backed by exiled opponents and foreign foes the US and Israel.

Iran‘s mission decried the rights council’s “politicized” resolution and rejected external interference, saying in a statement it had its own independent and robust accountability mechanisms to investigate “the root causes of recent events.”

Twenty-five states including France, Mexico, and South Korea voted in favor, while seven including China and India voted against and 14 abstained.

“This is the worst mass murder in the contemporary history of Iran,” Payam Akhavan, a former UN prosecutor of Iranian-Canadian nationality, told the meeting. He called for a “Nuremberg moment,” referring to the international criminal trials of Nazi leaders following World War II.

Iran‘s ambassador to the UN in Geneva, Ali Bahreini, told the Council its emergency session was invalid and gave Tehran’s tally of some 3,000 people killed in the unrest.

One Iranian official, however, has told Reuters that at least 5,000 people, including 500 members of the security forces, had been killed.

The US-based HRANA rights group said it has so far verified 4,519 unrest-linked deaths and had 9,049 additional deaths under review.

China, Pakistan, Cuba, and Ethiopia also questioned the utility of the rights session, with Beijing’s ambassador Jia Guide calling the unrest in Iran “a matter of internal affairs.”

It was unclear who would cover the costs of the extended UN inquiry amid a funding crisis that has stalled other probes.

Meanwhile, an influential Iranian cleric warned on Friday that Iran may target US-linked investments in the region in retaliation for any US attack on the Islamic Republic, Iranian news agencies reported.

President Donald Trump said on Thursday that the United States had an “armada” heading toward Iran but hoped he would not have to use it, as he renewed warnings to Tehran against killing protesters or restarting its nuclear program.

“The one trillion dollars you have invested in the region is under the watch of our missiles,” said Mohammad Javad Haj Ali Akbari, a leader of prayers that are held on Fridays in Tehran before a large gathering. He did not specify which investments he was referring to.

Separately, Iran‘s top prosecutor Mohammad Movahedi denied that Iran had called off 800 executions of people arrested in recent nationwide protests, as Trump has said.

“This claim is completely false. No such number exists, nor has the judiciary made any such decision,” Movahedi was quoted as saying by the judiciary’s news agency Mizan.

Iranian Foreign Minister Abbas Araqchi told Fox News last week “There is no plan for hanging at all” by Iran, when asked about the anti-government protests.

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US Threatens to Starve Iraq of Its Oil Dollars Over Iranian Influence, Sources Say

A general view shows al-Firdous Square in Baghdad, Iraq, July 27, 2022. Photo: REUTERS/Ahmed Saad

Washington has threatened senior Iraqi politicians with sanctions targeting the Iraqi state – including potentially its critical oil revenues – should armed groups backed by Iran be included in the next government, four sources told Reuters.

The warning is the starkest example yet of US President Donald Trump’s campaign to curb Iran-linked groups’ influence in Iraq, which has long walked a tightrope between its two closest allies, Washington and Tehran.

The US warning was delivered repeatedly over the past two months by the US Charge d’Affaires in Baghdad, Joshua Harris, in conversations with Iraqi officials and influential Shi’ite leaders, according to three Iraqi officials and one source familiar with the matter who spoke to Reuters for this story. The message was delivered to some heads of Iran-linked groups via intermediaries, they said.

Harris and the embassy did not respond to requests for comment. The sources requested anonymity to discuss private discussions.

Since taking office a year ago, Trump has acted to weaken the Iranian government, including via its neighbor Iraq.

Iran views Iraq as vital for keeping its economy afloat amidst sanctions and long used Baghdad’s banking system to skirt the restrictions, US and Iraqi officials have said. Successive US administrations have sought to choke that dollar stream, placing sanctions on more than a dozen Iraqi banks in recent years in an effort to do so.

But Washington has never curtailed the flow of dollars from the oil revenues of Iraq, a top OPEC producer, sent via the Federal Reserve Bank of New York to the Central Bank of Iraq. The US has had de facto control over Iraq’s oil revenue since it invaded the country in 2003.

Iraqi Prime Minister Mohammed Shia al-Sudani’s office, the Central Bank of Iraq, and Iran‘s mission at the United Nations did not respond to requests for comment.

“The United States supports Iraqi sovereignty, and the sovereignty of every country in the region. That leaves absolutely no role for Iran-backed militias that pursue malign interests, cause sectarian division, and spread terrorism across the region,” a US State Department spokesperson told Reuters, in response to a request for comment.

The spokesperson did not answer Reuters questions about the sanction threats.

Trump, who bombed Iran‘s nuclear facilities in June, threatened to again intervene militarily in the country during protests last week.

NO ARMED GROUPS IN NEW GOVERNMENT

Among the senior politicians to whom Harris’ message was passed were Prime Minister Sudani, Shi’ite politicians Ammar Hakim and Hadi Al Ameri, and Kurdish leader Masrour Barzani, three of the sources said.

The conversations with Harris started after Iraq held elections in November in which Sudani’s political bloc won the single-largest bloc of seats but in which Iran-backed militias also made gains, the sources said.

The message centered on 58 members of parliament views by the US views as linked to Iran, all the sources said.

“The American line was basically that they would suspend engagement with the new government should any of those 58 MPs be represented in cabinet,” one of the Iraqi officials said. The formation of a new cabinet could still be months away due to wrangling to build a majority.

When asked to elaborate “they said it meant they wouldn’t deal with that government and would suspend dollar transfers,” the official said.

The US has had de facto control over oil revenue dollars from Iraq, a top OPEC producer, since it invaded the country in 2003.

Iran has long supported an array of armed factions in Iraq. In recent years, several have entered the political arena, standing for election and winning seats as they seek a slice of Iraq’s oil wealth.

Renad Mansour, director of the Iraq Initiative at London’s Chatham House think tank, said armed groups were increasingly benefiting from positions in Iraq’s massive bureaucracy and so took the threat of cutting dollar flows seriously.

“The US has significant leverage,” he said. “The threat of the loss of access to US dollars, which is how Iraq’s economy functions through the sale of oil, has made it very concerning.”

WASHINGTON OPPOSES FIRST DEPUTY SPEAKER

One of the people Washington objects to is Adnan Faihan, a member of the powerful, Iran-backed political and armed group Asaib Ahl al-Haq (AAH), who was elected first deputy speaker of parliament in late December, the Iraqi official and the source with knowledge of the matter said.

They said the US opposed Faihan’s appointment to the post.

In a sign the pressure campaign was working, AAH leader Qais al-Khazali communicated a willingness to the Americans to remove Faihan as deputy speaker, the Iraqi official said. Faihan currently remains in his position.

The AAH media office and Faihan did not immediately respond to a request for comment and neither did Faihan.

In the last government, AAH held the education ministry, and Iraqi officials say it is seeking to participate in the next government too.

AAH was a key group in a sophisticated oil smuggling network generating at least a $1 billion a year for Iran and its proxies in Iraq, sources previously told Reuters.

Khazali was sanctioned by Washington in 2019 for AAH’s alleged role in serious human rights abuses, related to the killing of protesters in Iraq that year and other violence, including a 2007 attack that killed five US soldiers. At the time, he dismissed the sanctions as unserious.

DOLLAR CONTROL

Iraq holds the bulk of proceeds from its oil export sales at a Central Bank of Iraq account at the Federal Reserve Bank of New York.

Though it is a sovereign account of the Iraqi state, the arrangement gives the US practical control over a critical choke point of Iraqi state revenues, making Baghdad reliant on Washington’s goodwill.

“US efforts to achieve stability in the region are focused on ensuring states retain their sovereignty and can achieve security through mutual economic prosperity,” the State Department spokesperson said in their reply to Reuters questions.

The move to pressure Baghdad with a possible suspension of dollars takes place as the US begins marketing Venezuelan oil, which followed the capture of Venezuelan leader Nicolas Maduro in Caracas by US forces and his transfer to New York to be put on trial in relation to drug charges.

The US Department of Energy has said all proceeds from Venezuelan oil sales would be initially settled in US-controlled accounts at globally recognized banks.

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