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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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Defense Minister Moves to Shut Down Israel’s Historic Army Radio Station

Israeli Defense Minister Israel Katz looks on, amid the ongoing conflict in Gaza between Israel and Hamas, in Jerusalem, Nov. 7, 2024. Photo: REUTERS/Ronen Zvulun

i24 NewsIsrael’s defense minister, Israel Katz, said he plans to bring a proposal to the government on Sunday to close Galei Tzahal, the Israel Defense Forces’ radio station, ending a broadcast operation that has been on the air for more than seven decades.

If approved, the shutdown would take effect on March 1, 2026.

The announcement has triggered sharp backlash from journalists, legal experts, and civil society groups, who warn the move could have far-reaching implications for press freedom. Tal Lev-Ram, the station’s commander, has already signaled that Galei Tzahal’s leadership intends to challenge the decision in the High Court of Justice. Attorney General Gali Baharav-Miara also voiced concern, cautioning that the plan could amount to political intervention in public media and pose risks to freedom of expression.

Criticism has also come from the Israeli Press Council, headed by former Supreme Court justice Hanan Melcer, which labeled the proposed closure unlawful.

The council argued that dismantling a public broadcaster requires explicit legislation passed by the Knesset, not a government decision alone. Advocacy organizations, including the Movement for Quality Government, said they are preparing legal petitions as well.

Katz defended the initiative by citing the findings of a professional review committee, which concluded that a military-run radio station broadcasting political and current affairs programming to the general public represents a “democratic anomaly.”

He argued that Galei Tzahal has moved beyond its original mandate of serving soldiers and their families.

The committee examined a range of alternatives, such as converting the station into a music-only outlet or partially privatizing its operations.

Ultimately, it recommended either closing the station altogether or significantly scaling it back by removing political content. Katz noted that Galgalatz, the popular music station operated by the army, would continue broadcasting under the proposed plan.

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Trilateral Summit: Israel, Greece, Cyprus to Discuss Regional Security

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

i24 NewsJerusalem will host a trilateral summit tomorrow, bringing together leaders from Israel, Greece, and Cyprus to discuss strengthening security cooperation in the eastern Mediterranean.

The summit follows reports by Amichai Stein of i24NEWS last week that the three countries are considering the formation of a joint rapid-response military unit.

The Israeli Prime Minister is scheduled to hold bilateral meetings with each of his counterparts before convening the full trilateral session, which will conclude with a joint press statement outlining the summit’s outcomes.

Media reports indicate that the initiative is driven in part by concerns in Athens over Turkey’s growing military activity in the region. The proposed rapid-response force is expected to enhance coordination, readiness, and overall security among the three allies.

Analysts say the meeting could solidify Israel, Greece, and Cyprus’s strategic partnership and signal a more unified approach to regional defense challenges.

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Justice Department Restores Trump Photo to Public Database of Epstein Files

An exterior image from the U.S. Virgin Islands property on Little St. James once owned by Jeffrey Epstein. via U.S. Justice Department

A photo of US President Donald Trump that had been removed from the cache of Jeffrey Epstein files released by the Department of Justice was restored on Sunday after officials determined none of Epstein’s victims were in the image, the department said.

The photo showing a desk with an open drawer containing a photo of Trump with various women was flagged by the Southern District of New York for review to protect potential victims.

“After the review, it was determined there is no evidence that any Epstein victims are depicted in the photograph, and it has been reposted without any alteration or redaction,” the Justice Department said on X on Sunday.

Deputy Attorney General Todd Blanche said earlier on Sunday his office removed the photo because of concerns about women in the photo. “It has nothing to do with President Trump,” Blanche said during a Sunday morning appearance on NBC’s “Meet the Press with Kristen Welker.”

The Justice Department released thousands of documents on Friday related to Jeffrey Epstein, a convicted sex offender who committed suicide in 2019. But it has drawn criticism, including from some Republicans, over extensive redactions and few documents mentioning Trump despite his well-publicized friendship with Epstein.

During an ABC News interview on Sunday, Democratic House Minority Leader Hakeem Jeffries called for a “full and complete investigation as to why the document production has fallen short of what the law clearly required.”

Up to 16 photos, including the desk drawer Trump image, were removed on Saturday from the Justice Department website, according to The New York Times, NPR and the Associated Press, although Reuters could not independently confirm the removals.

The Justice Department said on Sunday it acted with an abundance of caution after receiving requests from alleged victims and their lawyers to remove information.

Trump has not been accused of wrongdoing and has denied knowing about Epstein’s crimes.

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