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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.
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US-Israel attack on Iran aims to topple regime
The United States and Israel launched a major attack on Iran early Saturday, with U.S. President Donald Trump declaring his intent to overthrow the regime of Iranian Supreme Leader Ali Khameini.
In a video statement released by Trump, he address the Iranian people directly. “Bombs will be dropping everywhere,” he said. “When we are finished, take over your government. It will be yours to take. This will be probably your only chance for generations.”
In Israel, Prime Minister Benjamin Netanyahu echoed Trump, describing Iran as an “existential threat,” and encouraged the Iranian people “to seize their fate” and overthrow the regime.
In the hours since the attack, explosions have been reported across Tehran and multiple military facilities. State news is also reporting an Israeli strike on a girl’s school has killed more than 50 people, with eyewitness footage showing the school partially destroyed and smoldering.
Israel remains on high alert, with residents who have access to shelters bracing for potential attacks.
Elsewhere in the region, Iranian attacks have been reported in Jordan, Iraq, the United Arab Emirates, Saudi Arabia, Bahrain and Qatar. Footage circulating on social media appears to show successful Iranian strikes near the center of Abu Dhabi in the UAE, as well as a US naval base in Manama, Bahrain.
Conflicting reports are emerging regarding high-profile Iranian leaders, with one unnamed Israeli official telling N12 News, “We’ll fall off our chair if Khamenei makes a statement live. According to the assessment, he is ‘no longer with us,’ but we are waiting for final confirmation.” Separately, three sources have told Reuters that Iranian Defense Minister Amir Nasirzadeh was killed in a strike. Neither report has been confirmed at the time of writing.
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Israel and US go for regime change in Iran, with leaders few trust
TEL AVIV, Israel — We were woken just after 8 a.m. by a siren, followed within minutes by the notification that there were in fact no incoming missiles. It appeared the government had decided to use the alert system as a kind of national alarm clock, to let the country know that the war had begun. For the second time in nine months, Israel had attacked Iran. This time it was in coordination with the United States.
Within the hour we had already been sent to the shelter by an actual missile alert. By midday, we would make that trip five times. The country, as far as one can tell from the stairwells and the WhatsApp groups, is stoic. Irritated, tired, but stoic. This is absurd, people say, but they lace up their shoes and head downstairs anyway. Or to the reinforced safe rooms that the lucky few have.
The arguments for this round of conflict are not, on the surface, overwhelming. After the 12-day war in June, Prime Minister Benjamin Netanyahu declared that Iran’s nuclear and ballistic missile programs had been set back for many years, that the major threat to Israel’s existence had been removed. President Donald Trump, after American B-2 bombers joined on the final day, spoke repeatedly of the nuclear threat being “obliterated” at Fordo, Natanz and Isfahan. He bristled at intelligence assessments suggesting otherwise.
There has been little public evidence that Iran rebuilt that threat in the interim. Netanyahu said around midday Saturday in a recorded radio address that Iran’s new capabilities were being placed underground. Trump, meanwhile, demanded that Iran forswear nuclear weapons; but Tehran has long said it does not seek them, even as it enriched uranium to levels with no civilian justification. No one believes them. But they have been saying it.
In the shelter, I had time to contemplate all this with the same cast of neighbors I got to know rather well in June.
The divorced lawyer and her boyfriend. The mathematics divorcee with her enormous dog, which takes up the space of two folding chairs. The sweet elderly couple who sit holding hands, as if the room were a train platform and they might be separated. The religious French family from upstairs preparing to celebrate a son’s 18th birthday; the mother, improbably, in her finest dress at 9 in the morning. Everyone bleary-eyed. Everyone attempting humor. Some trepidation, but not much.
At one point a commotion erupted. Someone had noticed that a shop in the building had installed an air-conditioning unit in such a way that it partially blocked the emergency exit from the underground shelter. The prospect of being herded underground because of missiles while potentially trapped was not exactly welcome. My wife calmly announced she would deal with the management company first thing Sunday morning. I know her. She will.
It is in rooms like that that the big questions feel both distant and unavoidable. Why now? If the programs were truly crippled in June, what has changed? One possible answer lies not in centrifuges but in politics.
Trump had boxed himself in last month when he told Iranian protesters that “help is on its way.” Thousands, perhaps tens of thousands, took him at his word and were killed by the regime’s goons. Trump took heat for having encouraged them and then done nothing. He looked ridiculous, and — to paraphrase The Godfather — a man in his position cannot afford to look ridiculous.
In the interim, the U.S. steadily built up an armada in the region. Ships and planes accumulated in a way that was slow, but deliberate and ultimately overwhelming. It began to look like the kind of force that was not likely to go unused.
The more reasonable argument for assuming the risks of war — casualties, disruption in the oil markets, escalation and so on — is regime change. That idea has a grim history. It rarely works as intended. It is unpredictable, destabilizing, morally fraught. The record in the Middle East is not encouraging. The legal right to do it is debatable at best.
But there are exceptions, and the Islamic Republic, in its 47 years, has made a compelling case for being one.
Its internal repression is ferocious. Protesters are shot or imprisoned in numbers that make gradual reform a fantasy. Short of a palace coup, the Iranian people have little chance of dislodging their rulers on their own.
Moreover, Iran has destabilized the region for decades through proxy militias trying to spread jihadism: Hezbollah in Lebanon, the Houthis in Yemen, Shiite militias in Iraq, Palestinian Islamic Jihad and Hamas. Hezbollah helped prop up Bashar al-Assad’s regime in Syria. Hamas’s Oct. 7 attack ignited a war that left tens of thousands dead in Gaza and over a thousand murdered in Israel. Not every evil in the region can be laid at Iran’s door, but a significant share can, and much of it has victimized fellow Muslims.
There is a wide consensus in Israel that the Iranian regime is a menace. Many Israelis believe that if it fell, it would be good for Israel and good for the Iranian people. They harbor a romantic notion that a democratic Iran would become a partner, even an ally, and that ordinary Iranians would thank Israel for helping to bring about that outcome. Whether that is naive is another matter, but the distinction between regime and people is real in the Israeli mind.
And in what was perhaps the only surprise of the day — for the attack itself was widely telegraphed — Trump set regime change as the true aim of the operation in his comments announcing the strikes. In his characteristic rambling, self-congratulatory style, he urged Iranians to take over their government — and catalogued the crimes of the regime, going all the way back to the 1979-80 hostage crisis at the U.S. embassy in Tehran.
This from a man whose National Security Strategy, released in December, downplayed democracy promotion, and who has shown little affection for liberal norms at home or abroad. Many assumed he wanted only some agreement he could spin as a win — yet he instead seems intent on transforming Iran.
Might regime change actually work? Without a ground invasion — which is neither contemplated nor remotely plausible — the odds seem low. Authoritarian systems are designed precisely to absorb shocks. Enough of the regime would have to be symbolically and practically shattered — key figures eliminated, command centers wrecked, the aura of invulnerability broken — that mass protests resume at a scale the authorities cannot contain.
The calculation appears to be that sustained external pressure, combined with visible regime weakness, could tip internal dynamics. A military already stretched by external attack might find itself unable, or unwilling, to suppress millions in the streets. What follows would not be a popular revolution in the romantic sense but something closer to a palace coup: factions within the system deciding survival requires abandoning the clerical leadership.
Trump’s rhetoric suggested precisely this. His call for the Revolutionary Guard to stand down, coupled with promises of amnesty, is an attempt to split the regime from within, to persuade those with guns that their future lies in defecting rather than fighting. It could work — because that is how hated the regime actually is.
It would have been better for any such action to have gotten the green light from the United Nations Security Council. But — even beyond Trump’s disrespect for the organization — that body is paralyzed by the veto power of Russia, Iran’s sometimes ally.
Moreover, all of this would be easier to deal with if the leaderships in Israel and the U.S. were trusted at anywhere near a normal level. But we are dealing with Trump and Netanyahu.
Trump, it need hardly even be said, has made dishonesty a kind of performance art. He is the most determined dissembler to ever hold the American presidency, as far as I can tell. It has become something of a joke, in America and across the world. In a moment like this, it is not a joke. So in a crisis that could reshape the region, there is no reliable way to know if his claims are true.
Something even worse can be said of Netanyahu, who is on trial for bribery and trailing badly in the polls ahead of elections that must be held by October and could come sooner. It is axiomatic for many Israelis that he would do anything to cling to power, including starting another war.
So these two men, each viewed by large portions of their publics as self-interested and manipulative, now preside over a conflict that could be ruinous.
And yet there is another astonishing layer. Trump, who has damaged the standing of the U.S., abandoned Ukraine, expressed admiration for Russian President Vladimir Putin and rattled NATO with talk of seizing Greenland from Denmark, may be on the verge of a historic achievement. If the Iranian regime were to fall with American assistance, it would rank among the most consequential geopolitical events of the past half-century, perhaps second only to the collapse of Soviet communism. Oddly, I am old enough to have witnessed that as well, as a correspondent for the Associated Press.
Back in the shelter, there is a massive improvement relative to June: Wi-Fi has been installed, thanks to my tireless wife. The dog is still panting, the elderly couple still holds hands, the air-conditioning unit still blocks the exit, the French mother is now checking her phone between sirens.
It is possible to feel two contradictory things at once. This might be a reckless, perhaps even insane action launched by unworthy leaders. And it might, just possibly, change everything for the better.
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US, Israel strike Iran: Trump, Netanyahu call for regime change in Tehran as Israelis take shelter
(JTA) — This is a developing story and will be updated.
The United States and Israel jointly launched what U.S. President Donald Trump called “a major military operation” in Iran on Saturday morning, ending weeks of speculation.
Iran immediately retaliated by launching missiles toward Israel and U.S. positions in the Middle East, sending Israelis across the country to bomb shelters for the first time since last June.
Both President Donald Trump and Prime Minister Benjamin Netanyahu indicated in video addresses that their goal was to topple the Islamic Republic regime that has been in place for nearly 50 years.
“Our joint operation will create the conditions for the brave Iranian people to take their fate into their own hands,” Netanyahu said.
“To the great, proud people of Iran, I say tonight that the hour of your freedom is at hand. Stay sheltered. Don’t leave your home. It’s very dangerous outside. Bombs will be dropping everywhere,” Trump said. “When we are finished, take over your government. It will be yours to take this will be probably your only chance for generations.”
Trump cited the Oct. 7, 2023, attack on Israel by Hamas as one in a series of attacks staged or supported by Iran over decades justifying the campaign, in which he warned U.S. service members could die.
One person was reported injured in a first wave of retaliatory attacks in Israel. Most missiles appeared to have been shot down, with the sounds of explosions resounding in parts of the country. A second wave was reported to be on its way several hours later.
Last year, nearly 30 people in Israel were killed by Iranian missiles during a 12-day war that included a U.S. strike on Iranian targets. Trump said again during his address that the attack had “obliterated the regime’s nuclear program” but said the country “rejected every opportunity to renounce their nuclear ambitions” since.
U.S. and Iranian negotiators most recently met on Thursday in Geneva. On Friday, U.S. Ambassador to Israel Mike Huckabee told embassy staff that they could leave Israel, urging them to do so “TODAY” if they chose to depart, signaling that the massive troop buildup in the Middle East could soon be deployed against Iran.
In Israel, Ben Gurion Airport has closed; hospitals relocated essential operations underground; and synagogues that had been hosting Shabbat services reconvened in parking decks. The country is set to celebrate Purim, a holiday celebrating the defeat of a Persian ruler who had tried to kill the Jews, starting Monday night.
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