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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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Australia Lists Iran’s Islamic Revolutionary Guard as State Sponsor of Terrorism

Commanders and members of the Islamic Revolutionary Guard Corps meet with Iran’s Supreme Leader Ayatollah Ali Khamenei in Tehran, Iran, Aug. 17, 2023. Photo: Office of the Iranian Supreme Leader/WANA (West Asia News Agency) via REUTERS

Australia has listed Iran’s Islamic Revolutionary Guard Corps as a state sponsor of terrorism, Foreign Minister Penny Wong said on Thursday, following an intelligence assessment that it had orchestrated attacks against Australia‘s Jewish Community.

Australia in August accused Iran of directing two antisemitic arson attacks in the cities of Sydney and Melbourne and gave Tehran’s ambassador seven days to leave the country, its first such expulsion since World War II.

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After Meeting Pope, Erdogan Praises His ‘Astute Stance’ on Palestinian Issue

Pope Leo XIV and Turkish President Tayyip Erdogan shake hands as they meet at the Presidential Palace, during the pope’s first apostolic journey, in Ankara, Turkey, Nov. 27, 2025. Photo: REUTERS/Umit Bektas

Turkish President Tayyip Erdogan praised Pope Leo’s stance on the Palestinian issue after meeting him in Ankara on Thursday, and said he hoped his first overseas visit as Catholic leader will benefit humanity at a time of tension and uncertainty.

“We commend [Pope Leo’s] astute stance on the Palestinian issue,” Erdogan said in an address to the pope and political and religious leaders at the presidential library in the Turkish capital Ankara.

“Our debt to the Palestinian people is justice, and the foundation of this is to immediately implement the vision of a two-state solution based on the 1967 borders. Similarly, preserving the historic status of Jerusalem is crucial,” Erdogan said.

Pope Leo’s calls for peace and diplomacy regarding the war in Ukraine are also very meaningful, Erdogan said.

In September, Leo met at the Vatican with Israeli President Isaac Herzog and raised the “tragic situation” in Gaza with him.

Turkey has emerged as among the harshest critics of Israel’s military campaign against the Palestinian terrorist group Hamas in Gaza.

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Hamas Continues to Reject Disarmament as Fragile US-Backed Gaza Peace Plan Faces Hurdles

Palestinians walk among piles of rubble and damaged buildings in Khan Younis in the southern Gaza Strip, Nov. 24, 2025. Photo: REUTERS/Ramadan Abed

As the US-backed Gaza peace plan falters amid mutual accusations of ceasefire violations, Hamas continues to refuse to disarm in accordance with the agreement, insisting that any decisions about the terrorist group’s weapons should be resolved through “internal Palestinian dialogue.”

In an interview published Wednesday with Saudi media outlet Al-Arabiya, Hamas spokesman Hazem Qassem said that any move toward disarmament “is connected to internal consensus, and is also tied to a real political process that leads to an independent Palestinian state with Jerusalem as its capital.”

The senior terrorist figure also said Hamas has “fully committed to everything required in the first stage in order to open the way for transitioning to the second stage, which Israel continues to obstruct.”

Last week, the United Nations Security Council formally backed US President Donald Trump’s Gaza peace plan — which went into effect last month — calling for an interim technocratic Palestinian government in the war-torn enclave, overseen by an international “board of peace” and supported by an International Stabilization Force (ISF) for at least two years.

Under Trump’s plan, the ISF — comprising troops from multiple participating countries — will oversee the Gaza ceasefire between Israel and Hamas, train local security forces, secure Gaza’s borders with Israel and Egypt, and protect civilians while maintaining humanitarian corridors.

In addition, the ISF would seemingly be expected to take on the responsibility of disarming Hamas — a key component of Trump’s peace plan to end the war in Gaza which the Palestinian terrorist group has repeatedly rejected.

Earlier this week, Hamas leader and chief negotiator Khalil al-Hayya said that the group’s disarmament remains under discussion, emphasizing that the issue “is tied to the end of the Israeli occupation.”

Hamas and other Palestinian terrorist groups have not only consistently refused to give up their weapons but also rejected key elements of Trump’s plan — including the ISF, which they have threatened to treat as a “foreign occupying force” and actively fight it.

Hamas officials rejected any “foreign guardianship” over Gaza and vowed to oppose any attempts to disarm “the Palestinian resistance.”

“Assigning the international force tasks and roles inside the Gaza Strip, including disarming the resistance, strips it of its neutrality and turns it into a party to the conflict in favor of the occupation,” the terrorist group said in a statement.

In his Wednesday interview, Qassem emphasized that Hamas’s senior delegation visit to Cairo this week reflects the group’s seriousness, signaling its intent to move forward and lay the groundwork for the next stage.

According to Qassem, Hamas has been meeting with Qatari, Turkish, and Egyptian mediators, as well as with Palestinian factions, “to consult and engage in dialogue, and to reach agreed-upon national political understandings.”

Turkey and Qatar, both longtime backers of Hamas, have been trying to expand their roles in Gaza’s reconstruction and post-war efforts, which experts have warned could potentially strengthen Hamas’s terrorist infrastructure.

Israeli officials have repeatedly rejected any Turkish or Qatari involvement in post-war Gaza.

Under phase one of Trump’s peace plan, Hamas released the remaining 20 living hostages still held in Gaza, along with the remains of most of the 28 others who died in captivity, while Israel freed 2,000 Palestinian prisoners, including several hundred convicted terrorists.

Two deceased hostages – an Israeli and a Thai national – still remain in Gaza who were kidnapped during Hamas’s Oct. 7, 2023, invasion of and massacre across southern Israel.

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