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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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Maduro Accuses Zionists of Trying to Deliver Venezuela to ‘Devils’ as US Threatens Terror Designation

Venezuelan President Nicolas Maduro speaks during a march amid the disputed presidential election, in Caracas, Venezuela, Aug. 3, 2024. Photo: REUTERS/Maxwell Briceno

Venezuelan President Nicolás Maduro accused Zionists of trying to hand his country over to “devils,” as the United States ramped up military pressure and opposition leaders continued to voice support for action against his regime.

“There are those who want to hand this country over to the devils – you know who, right? The far-right Zionists want to hand this country over to the devils,” Maduro said on Saturday during a speech to local pro-government grassroots organizations.

“Who will prevail? The people of [King] David, the people of God, the people of [Simón] Bolívar, or the imperialist demons?” he continued. “We are the people of David against the Goliaths that we have already defeated in history. If God wills it, we will face them.”

The Venezuelan leader has a long history of blaming the Jewish state and Jewish communities for the country’s problems, even as opposition leaders continue to publicly voice support for Israel and denounce his regime.

Last year, Maduro blamed “international Zionism” for the large-scale anti-government protests that erupted across the country following the presidential elections, in which he claimed victory amid widespread claims of fraud.

He also called the Argentinian government “Nazi and Zionist” earlier this year, amid an ongoing dispute over the arrest of an Argentine military officer in Venezuela.

Maduro broke diplomatic relations with Argentina after President Javier Milei refused to recognize his reelection in July.

During his Saturday speech, the Venezuelan leader insisted that the country is a Christian nation and questioned why Americans would want to kill Christians, as he urged Washington to refrain from military escalation amid a US buildup in the Caribbean and strikes on alleged drug trafficking vessels.

“I place at the forefront of this battle our Lord Jesus Christ, to whom our homeland has been entrusted, the only king between heaven and Earth, Jesus of Nazareth, the young child and Palestinian martyr, Jesus of Nazareth,” Maduro said.

“I place Jesus of Nazareth as commander-in-chief of the battle for peace and the sovereignty of the Venezuelan people,” he continued. 

He also tried to appeal to the American people, urging them to say “no” to war and “yes” to peace.

Maduro’s latest remarks came just before the Trump administration on Sunday announced the decision to designate the Cartel de los Soles, which the Trump administration has accused Maduro of leading, as a foreign terrorist organization. The designation could open the door to strikes on Maduro’s assets and infrastructure inside Venezuela.

“Based in Venezuela, the Cartel de los Soles is headed by Nicolás Maduro and other high-ranking individuals of the illegitimate Maduro regime who have corrupted Venezuela’s military, intelligence, legislature, and judiciary,” the US State Department said in a statement, noting the designation will take effect next week, on Nov. 24.

“Neither Maduro nor his cronies represent Venezuela’s legitimate government. Cartel de los Soles by and with other designated [foreign terrorist organizations] including Tren de Aragua and the Sinaloa Cartel are responsible for terrorist violence throughout our hemisphere as well as for trafficking drugs into the United States and Europe,” the statement continued. “The United States will continue using all available tools to protect our national security interests and deny funding and resources to narco-terrorists.”

Congress has seven days to review the decision after being notified, and “in the absence of congressional action to block the designation,” it will take effect, according to the State Department.

US President Donald Trump said on Sunday that, while he doesn’t believe the administration needs congressional authorization for potential military strikes inside Venezuela, he would like to keep lawmakers informed.

“We like to keep Congress involved. I mean, we’re stopping drug dealers and drugs from coming into our country,” he said. “We don’t have to get their approval. But I think letting them know is good.”

As part of a campaign targeting drug trafficking and “narco-terrorist” networks near Venezuela, Washington has significantly ramped up pressure on Maduro’s regime, deploying bombers, warships, and Marines across the Caribbean.

In recent weeks, Trump has ordered at least 21 strikes on boats believed to be carrying narcotics and has built up thousands of troops in the region.

Last month, US Defense Secretary Pete Hegseth announced the creation of a new counter-narcotics Joint Task Force, saying it was established “to crush the cartels, stop the poison, and keep America safe.”

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Harvard Students to Vote on Anti-Israel Divestment Measure

April 20, 2025, Cambridge, MA, USA: Harvard University and Harvard Square scenes with students and pedestrians. Photo: Kenneth Martin/ZUMA Press Wire via Reuters Connect.

Harvard University students will vote this week on an anti-Israel measure calling for divestment from the Jewish State, amid rising concerns about the growth of antisemitism across the political spectrum.

According to The Harvard Crimson, the Harvard Palestine Solidarity Committee — a self-described revolutionary movement which issued some of the world’s first endorsements of Hamas’s Oct. 7, 2023, massacre across southern Israel — overcame objections expressed by the Harvard Undergraduate Association, a student government body, to place the idea on this academic year’s fall survey. Another group, working in concert with PSC, prevailed over the HUA as well, and added a survey question which aims to build a consensus of opposition to the International Holocaust Remembrance Alliance’s definition of antisemitism.

“Should Harvard disclose its investments in companies and institutions operating in Israel?” asks PSC’s question, which was originally framed to accuse Israel of committing genocide in Gaza. “Should Harvard divest from companies and institutions operating in Israel?”

PSC’s diction was edited at the behest of the administration, which determined that it was “leading” and contravened school rules.

“The commission emphasizes that the survey process is designed to foster an environment where students can share their perspectives freely and without pressure,” Harvard’s Election Commission told the Crimson in a statement. “It is not intended to serve as a platform for activism or advocacy by any particular group.”

The US campus antisemitism crisis has kept Harvard University in the headlines.

In October, school officials disclosed a $113 million budget deficit caused by the Trump administration’s confiscation of much of its federal contracts and grants as punishment for, among other alleged misdeeds, its admitted failure to combat antisemitism on its campus.

According to Harvard’s “Financial Report: Fiscal Year 2025” the university’s spending exceeded the $6.7 billion it amassed from donations, taxpayer support, tuition, and other income sources, such as endowment funds earmarked for operational expenses. Harvard also suffered a steep deficit in non-restricted donor funds, $212 million, a possible indication that philanthropists now hesitate to write America’s oldest university a blank check due to its inveterate generating of negative publicity — prompted by such episodes as the institution’s botching the appointment of its first Black president by conferring the honor to a plagiarist and its failing repeatedly to quell antisemitic discrimination and harassment.

“Even by the standards of our centuries-long history, fiscal year 2025 was extraordinarily challenging, with political and economic disruption affecting many sectors, including higher education,” Harvard president Alan Garber said in a statement. “We continue to adapt to uncertainty and threats to sources of revenue that have sustained our work for many years. We have intensified our efforts to expand our sources of funding.”

Harvard is also in court fighting a lawsuit which alleges that administrative officials violated civil rights law by declining to impose meaningful disciplinary sanctions on two students who allegedly assaulted a Jewish student during a protest held to rally anti-Israel activists just days after the Hamas-led Oct. 7, 2023, massacre across southern Israeli communities.

The university’s lawyers contend that the Jewish student, Yoav Segev, has not backed his claim with evidence and that his grievance is founded not in any legally recognizable harm but a disagreement regarding policy.

“Mr. Segev’s allegation, then, is not that Harvard failed to take action, but simply that he disagrees with the actions taken after the investigation,” a motion to dismiss the suit says, adding that the school believes Segev’s contention that Harvard “conspired” to deny him justice cannot be substantiated.

Segev had endured a mobbing of pro-Hamas activists led by Ibrahim Bharmal and Elom Tettey-Tamaklo, who stalked him across Harvard Yard before encircling him and screaming “Shame! Shame! Shame!” as he struggled to break free from the mass of bodies which surrounded him. Video of the incident, widely viewed online at the time, showed the crush of people shoving keffiyehs — traditional headdresses worn by men in the Middle East that in some circles have come to symbolize Palestinian nationalism — in the face of the student, whom they had identified as Jewish.

Nearly two years after the assault, Bharmal and Tettey-Tamaklo have not only avoided hate crime charges but also even amassed new accolades and distinctions — according to multiple reports.

After being charged with assault and battery, the two men were ordered in April by Boston Municipal Court Judge Stephen McClenon to attend “pre-trial diversion” anger management courses and perform 80 hours of community service each, a decision which did not require their apologizing to Segev even though Assistant District Attorney Ursula Knight described what they did as “hands on assault and battery.”

Follow Dion J. Pierre @DionJPierre.

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Iran’s Execution Spree Continues Unabated, Alarming Human Rights Groups

A February 2023 protest in Washington, DC calling for an end to executions and human rights violations in Iran. Photo: Reuters/ Bryan Olin Dozier

The Islamist regime in Iran has ramped up its executions in what one human rights watchdog group described as “an unprecedented increase compared to previous years,” leading observers to raise alarm bells over Tehran’s crackdown on dissent.

Iran has executed 1,286 human beings so far this year through the end of October, according to a new report by the Human Rights Activist News Agency (HRANA).

The organization identified 31 recent executions on murder and drug-related charges, adding, “As of the time of this report, prison authorities and responsible institutions have not publicly announced these executions.”

While most of the executed are accused of murder or drug charges, human rights groups say these charges are often fabricated, conceal the real crime of political opposition, and target minority groups as Baluchis, Kurds, and Arabs.

The Times reported on Sunday that family members of political prisoners on Iran’s death row now wait by their phones in a state of terror and trauma. “Every phone call is a nightmare for me, especially in the morning. It might bring heartbreaking news,” one woman in Tehran told the British paper. “Every night I go to bed with the same dread of what tomorrow may bring.”

The increase in executions — usually carried out by hanging at dawn — have reportedly inspired hunger strikes among prisoners around the country.

One unnamed Iranian activist in exile described to The Times how the executions served as intimidation against those who would resist, saying that “the noose has become the regime’s loudspeaker” and “every hanging is a message: we are still in charge.”

Amnesty International called the increase in killings “state-sanctioned murder on an industrial scale.” Human rights groups have noted the current pace is the highest since 1988, when the regime infamously executed thousands of political prisons, and has already surpassed last year’s total of 1,001.

“Over the past year, as its nuclear program and network of militant proxies have been severely weakened, the regime has become even more reliant on domestic repression,” Shahin Gobadi, of the National Council of Resistance of Iran, told The Times.

The inhumane conditions of Iranian prisons also act as a tool to repress those who would speak out for freedom. Those who have escaped describe being packed so tightly into cells that they needed to sleep in shifts under lights that remained on permanently.

On Thursday, the Center for Human Rights in Iran (CHRI) released a report about Goli Kouhkan, a victim of child marriage who has lived on death row in Iran, scheduled for execution in December.

“Girls are married off at age 13 or even younger, and subjected to decades of beatings and rape, with no real possibility of divorce or escape,” said Bahar Ghandehari, director of advocacy at CHRI. “Many are often killed by family members if they try. Courts must consider these circumstances as mitigating factors when sentencing.”

Ghandehari explained how “the Iranian regime is deeply complicit in these killings because it does not take even the most basic measures to end child marriage or to protect girls and women from domestic abuse — situations that all too often end in death, although it is usually that of the woman.”

Zahra Rahimi co-founded the Imam Ali Popular Students Relief Society and has described the process by which child brides are forced into marriages in Iran.

“The judge will ask questions such as, ‘What is the price of meat? If you want to buy something for your home, what do you buy?’ and based on the girl’s answers, he will determine whether she is ready for marriage,” Rahimi said. “In this process, there is no lawyer, psychologist, doctor, expert, or trusted person to talk to the child … Where the court did not allow marriages to take place [for example, when the girls were under 9 years old], the girls were sent into ‘temporary marriages’ until they turned 13, and then their marriage would become legal.”

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