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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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Herzog Says Wellbeing of Israelis His Only Concern in Deal With Netanyahu’s ‘Extraordinary’ Pardon Request

Israeli President Isaac Herzog speaks during a press conference with Latvian President Edgars Rinkevics in Riga, Latvia, Aug. 5, 2025. Photo: REUTERS/Ints Kalnins

i24 NewsIn an interview with Politico published on Saturday, Israeli President Isaac Herzog remained tight-lipped on whether he intended to grant Prime Minister Benjamin Netanyahu’s “extraordinary” pardon request, saying that his decision will be motivated by what’s best for Israel.

“There is a process which goes through the Justice Ministry and my legal adviser and so on. This is certainly an extraordinary request and above all when dealing with it I will consider what is the best interest of the Israeli people,” Herzog said. “The well-being of the Israeli people is my first, second and third priority.”

Asked specifically about President Donald Trump’s request, Herzog said “I respect President Trump’s friendship and his opinion,” adding, “Israel, naturally, is a sovereign country.”

Herzog addressed a wide range of topics in the interview, including the US-Israel ties and the shifts in public opinion on Israel.

“One has to remember that the fountains of America, of American life, are based on biblical values, just like ours. And therefore, I believe that the underlying fountain that we all drink from is the same,” he said. “However, I am following very closely the trends that I see in the American public eye and the attitude, especially of young people, on Israel.”

“It comes from TikTok,” he said of the torrent of hostility toward Israel that has engulf swathes of U.S. opinion since the October 7 massacre and the subsequent Gaza war, “from a very shallow discourse of the current situation, pictures or viewpoints, and doesn’t judge from the big picture, which is, is Israel a strategic ally? Yes. Is Israel contributing to American national interests, security interests? Absolutely yes. Is Israel a beacon of democracy in the Middle East? Absolutely yes.”

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Syria’s Sharaa Charges Israel ‘Exports Its Crises to Other Countries’

FILE PHOTO: Syria’s President Ahmed al-Sharaa addresses the 80th United Nations General Assembly (UNGA) at the U.N. headquarters in New York, U.S., September 24, 2025. Photo: REUTERS/Shannon Stapleton/File Photo

i24 NewsSyrian President Ahmed al-Sharaa on Saturday escalated his messaging against Israel at the Doha forum.

“Israel is working to export its own crises to other countries and escape accountability for the massacres it committed in the Gaza Strip, justifying everything with security concerns,” he said.

“Meanwhile, Syria, since its liberation, has sent positive messages aimed at establishing the foundations of regional stability.

“Israel has responded to Syria with extreme violence, launching over 1,000 airstrikes and carrying out 400 incursions into its territory. The latest of these attacks was the massacre it perpetrated in the town of Beit Jinn in the Damascus countryside, which claimed dozens of lives.

“We are working with influential countries worldwide to pressure Israel to withdraw from the territories it occupied after December 8, 2014, and all countries support this demand.

“Syria insists on Israel’s adherence to the 1974 Disengagement Agreement. The demand for a demilitarized zone raises many questions. Who will protect this zone if there is no Syrian army presence?

“Any agreement must guarantee Syria’s interests, as it is Syria that is subjected to Israeli attacks. So, who should be demanding a buffer zone and withdrawal?”

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Turkey’s Fidan: Gaza Governance Must Precede Hamas Disarmament in Ceasefire Deal

Turkish Foreign Minister Hakan Fidan attends a press conference following a meeting with Russian Foreign Minister Sergei Lavrov in Moscow, Russia, May 27, 2025. Photo: Pavel Bednyakov/Pool via REUTERS

Turkish Foreign Minister Hakan Fidan told Reuters on Saturday that not advancing the US-backed Gaza ceasefire plan to its next stage would be a “huge failure” for the world and Washington, noting that President Donald Trump had personally led the push.

In an interview on the sidelines of the Doha Forum, Fidan said a credible Palestinian civil administration and a vetted, trained police force needed to be in place to allow Hamas to disarm, and that the group was prepared to hand over control of the enclave.

“First of all, we need to see that the Palestinian committee of technical people are taking over the administration of Gaza, then we need to see that the police force is being formed to police Gaza – again, by the Palestinians, not Hamas.”

NATO member Turkey has been one of the most vocal critics of Israel’s assault on Gaza. It played a key role in brokering the ceasefire deal, signing the agreement as a guarantor. It has repeatedly expressed its willingness to join efforts to monitor the accord’s implementation, a move Israel strongly opposes.

Talks to advance the next phase of President Trump’s plan to end the two-year conflict in Gaza are continuing.

The plan envisages an interim technocratic Palestinian administration in the enclave, overseen by an international “board of peace” and supported by a multinational security force. Negotiations over the composition and mandate of that force have proven particularly difficult.

Fidan said the Gaza police force would be backed by the international stabilisation force. He added that Washington was pressing Israel over Turkey’s bid to join the force, to which it has voiced readiness to deploy troops if needed.

FIDAN SAYS KURDISH SDF IN SYRIA NOT WILLING TO INTEGRATE

Asked about a landmark deal in March in which the Kurdish-led Syrian Democratic Forces and Damascus agreed that the SDF would be integrated into Syria’s state structures, Fidan said signals from the SDF showed it had “no intention” of honouring the accord, and was instead seeking to sidestep it.

Ankara, which considers the SDF a terrorist organisation, has threatened military action if it does not comply, setting a deadline of the end of the year.

“I think they (SDF) should understand that the command and control should come from one place,” Fidan added. “There can be no two armies in any given country. So there can only be one army, one command structure … But in local administration, they can reach a different settlement and different understandings.”

Almost a year after the fall of president Bashar al-Assad, Fidan said some issues of minority rights were unresolved, insisting that Turkey’s backing of the new Syrian government was not a “blank cheque” to oppress any groups.

He said Damascus was taking steps toward national unity, but that Israeli “destabilisation policies” were the chief obstacle.

Israel has frequently struck southwestern Syria this year, citing threats from militant groups and the need to protect the Druze community near the frontier. Prime Minister Benjamin Netanyahu said on Tuesday he expected Syria to establish a demilitarised buffer zone from Damascus to the border.

TURKEY: U.S. COULD REMOVE SANCTIONS ‘VERY SOON’

Fidan also said Washington’s initial 28-point plan to end the Russia-Ukraine war was just a “starting point,” and that it was now evolving in a new format. He said mediation by US officials was “on the right path.”

“I just hope that nobody leaves the table and the Americans are not frustrated, because sometimes the mediators can be frustrated if they don’t see enough encouragement from both sides.”

Asked about efforts to lift US sanctions imposed in 2020 over Ankara’s purchase of Russian S-400 air defense systems, he said both sides were working on it, adding: “I believe we’ll soon find a way to remove that obstacle.”

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