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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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Antisemitism and ‘The End of History’ That Never Came to Pass

Roses are placed on a sculpture of Mikhail Gorbachev in memory of the final leader of the Soviet Union, at the “Fathers of Unity” memorial in Berlin, Germany August 31, 2022. Photo: REUTERS/Lisi Niesner

In the summer of 1989, a few months before the Berlin Wall fell, a political scientist named Francis Fukuyama published an essay that came to define a new understanding in the West.

Titled simply “The End of History?”, the piece described the defeat of fascism in World War II and the collapse of the Soviet Union and its socialist ideology. It appeared that Western liberal democracy and free-market capitalism had won the ultimate battle of ideas — at least for the moment.

Events in recent years have proven this thesis false. History didn’t end — and Fukuyama probably knew it never would. The battle of ideas will always return, and in many ways, it never went away.

During the last 40 years, Western civilization, capitalism, and nationalism have been under attack. Likewise, bigotry against Jewish people never went away. There is nothing new under the sun about Jew hatred except the delivery system. The traditional engines of antisemitism have largely been supplanted by a new engine: the social media algorithm.

The stark, un-sugar coated reality is that the Jewish people have been abandoned, and the illusion of modern safety is quickly eroding.

What stings the most is the profound sense of betrayal from communities that the Jewish people poured their hearts, souls, and resources into elevating.

Over the last century and a half, the Jewish community played an outsized, foundational role in championing civil rights, fighting alongside the African American community, the feminist movement, driving progress within academia and LGBTQ rights.

To watch significant factions of those exact same groups turn their backs, stay silent, or actively fuel hostility today is a heartbreaking reality to reckon with. It sends a crystal-clear message that must be internalized immediately: there ought to be a stricter balance between “fixing the world” and tending to the survival of one’s own community.

One cannot control what is outside one’s control, but one can focus on what is in their control.

The era of relying on the world’s collective conscience is officially over, and the path forward must be primarily inward, focused on self-reliance, self-defense, and resilience. It requires an unrelenting effort to tell our story and win the war for hearts and minds. We must unflinchingly call out the blatant hypocrisy of institutional and communal betrayal, as difficult as that may be.

It is no longer sufficient to excel exclusively in the boardroom or the classroom. True self-preservation demands a willingness to face physical reality. Security cannot be guaranteed by others, and protecting families and institutions means prioritizing physical fitness and the practical readiness to defend oneself on the streets, in schoolyards, and at the workplace.

With traditional institutions increasingly failing to offer protection, self-reliance becomes an absolute necessity. We must look at past fair-weather allies and actively seek new partners who offer mutual respect and reciprocal support. Survival and resilience demand that the Jewish community adapt, unite, and lead from a position of strength.

The peaceful illusion of “The End of History” never arrived; the battle of ideas has returned, and we must be ready for the fight.

Daniel M. Rosen is the chairman and Co-founder of IMPACT, a 501c3 dedicated to organizing, empowering and mobilizing individuals to combat Jew hatred on social media and beyond. He is a regular contributor to The Jerusalem Post, JNS, Times of Israel, Israel National News, The Algemeiner, and other publications. Follow us at @joinimpactnow

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Why Do We Read the Book of Ruth on Shavuot?

Shavuot. Ruth in Boaz’s Field by Julius Schnorr von Carolsfeld, oil on canvas, 1828; National Gallery, London. Photo: Wikipedia.

All Biblical festivals and special days relate to time — whether it is daily, monthly, annually, or seasonally. Awareness of the natural world comes with awareness of oneself, our transience, and the ups and downs of life. Who are we? Where do we belong? All of this is the core of religious life, which helps us to live in the world in the best way that we can.

Shavuot started as a harvest festival. There are three. Pesach is the first, with the earliest barley crop. Shavuot celebrates the beginning of the wheat and fruit harvests. And Sukkot is the culmination of the agricultural year and the celebration of water and rain, which are essential for a successful agricultural year.

But as we became less and less of an agricultural society, other themes emerged to add to the message of Shavuot specifically. The rabbis added the theme of Torah. But why, then, did the rabbis choose the Book of Ruth to be read on Shavuot?

It is set against a background of harvests — and how unpredictable they can be. The failed harvest caused the emigration of Elimelech’s family from Israel. Then the cycle turned, and rich harvests in Israel enabled Naomi to come back. Ruth decides to stay with Naomi and become part of the Israelite people. In Ruth’s magnificent declaration “Where you go, I will go. Where you stay, I will stay. Your people are my people, and your God, my God … only death will separate us.”

The Book of Ruth illustrates the choices people make and their consequences. To leave. To come back. To change one’s religion and nation. To act with love and care. To be charitable and kind. The goodness of a person rather than genealogy or status. It displays the redemptive powers of women. But it also recognizes the drawbacks of societies, class systems, levels of wealth, and the limitations of conventions and rules.

But Naomi and Ruth are destitute. Biblical laws required redemption. When a family fell on hard times, and sold their property, the relatives had a legal obligation to redeem the loss and try to reinstate them. The poor also had legal rights to glean fields as they were being harvested, and landowners had to leave corners of fields to the poor, all the poor, even foreigners.

The Torah set the tone for a just society, one that guaranteed that the weakest and most disadvantaged would be helped. If the Torah imposed commandments that connected humanity with God, it also required, just as much, that humans connect with each other. As the Prophet Yeshayah said repeatedly, God wants kindness more than sacrifices or hypocritical prayers.

The most popular explanation of the link between Shavuot and Ruth is that Ruth actually chose to live a life according to Naomi’s Israelite customs and ideals. She made the commitment that the Israelites made at Sinai. As Boaz said to her when he met her, “May the God of Israel, under whose wings you have come to trust, reward you.”

It does not matter where you come from as much as who you are. And this challenges us to think about what our commitments are today, and what we value and spend our time on.

Ruth’s story is of how life is unpredictable and often tragic. And yet, through human kindness — which the Bible stresses — we can find redemption and build a better world.

That’s true no matter what is happening around us; the Torah’s messages for us and our people are as important today as ever.

Happy Shavuot and Chag Sameach.

The author is a writer and rabbi, currently based in New York.

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The Limits of Campus Solidarity: Why Are Some Issues Seemingly Ignored By Campus Activists ?

University of East Anglia in Norwich.. Photo Credit: .Martin./ Flickr

Student activism on university campuses often presents itself as part of a broader global struggle for human rights and liberation. Students organize campaigns and protests under the belief that they are standing on the side of justice. Universities themselves have also long been spaces where political movements grow, and where students engage with wider global issues.

But if campus activism is truly rooted in the goal of human rights, it is worth asking why some movements receive enormous attention while others receive little to none.

Activist movements often present themselves as universal movements for justice, but in practice they are shaped by ideology and institutional campaigns. This does not necessarily invalidate these movements, but it does challenge the idea that campus activism is merely a neutral response to injustice.

An example of this contrast can be seen through the differences between campus mobilization around Gaza, and the relative absence of sustained activism in support of issues like the situation in places like Sudan — and also in Iran, including supporting Iranian students who actively protest their own government.

At the University of East Anglia (UEA), as at campuses across the UK, the past number of years has brought visible and sustained pro-Palestine organizing with protests, encampments, and marches of more than 400 students calling for divestment. It also involves motions brought before the Students’ Union resulting in a longstanding institutional boycott policy against Israel.

Over the same period, Iranian students and civilians have protested against the political repression and government-sponsored violence in Iran, most noticeably during the “Women, Life, Freedom” movement. This past January, it’s reported that tens of thousands of innocent protestors were murdered by the regime, and many more were jailed.

Yet at UEA, as at most British universities, this did not translate into encampments, sustained protest weeks, or motions to the Students’ Union. The same is true for many other conflict areas around the world — and the contrast is difficult to ignore.

The point here is not that students should protest every global issue equally. That would be unrealistic. Student movements naturally focus on certain causes more than others. But this contrast does raise an important question: what determines which global issues become campus movements and which do not?

I believe part of the answer lies in activist infrastructure. Some causes already have established student organizations and national campaigns with clear institutional mechanisms. At UEA, campaigns related to Palestine, for example, often involve established movements such as Boycott, Divestment and Sanctions (BDS), which provide students with clear actions to take, such as lobbying student government and hosting annual protest weeks where official language is promoted. There are funding networks and experienced organizers behind the scenes who help translate political concerns into sustained campus activism.

By contrast, Iranian dissident movements do not have the same level of organized support. There are fewer established student campaigns, fewer institutional demands directed at universities and fewer organized networks translating concern into campus activism. A student at UEA who wanted to organize meaningfully around Iran would find considerably less infrastructure available to them than one organizing around the Israel-Palestinian conflict.

Another factor may be related to how students interpret global politics more broadly. On many campuses, political activism tends to be framed through narrow ideas like decolonial theory and the history of Western imperialism. Within this framework student activists tend to focus on issues where Western powers are seen as solely responsible for global injustice. Whether this is introduced or sustained in classrooms or in college group meetings is a subject for another piece, but in this context it doesn’t really matter.

What this contrast suggests is that campus activism is not guided by moral principles alone, but is instead shaped in large part by the existing political frameworks.

Recognizing this does not require assuming bad intentions on the part of student activists. Many student movements are motivated by genuine concern. But like all political movements, individuals must be wary of manipulation and groupthink.

Individual action and anger become tools for someone else’s ideas, so it’s important that we are all responsible with what we choose to put our energy towards. If campus activists at UEA claim to stand for universal human rights, then they must also be willing to ask the difficult question of why some struggles seem more important than others.

Skye Phillips is a final year International Relations and Modern History student at the University of East Anglia in Norwich, England. She is a 2025/6 fellow for CAMERA. Opinions expressed are those of the author and do not necessarily reflect those of CAMERA. 

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