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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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Israel Helps Somaliland Tackle Water Crisis, Welcomes First Ambassador After Recognition

Israel’s special envoy for water issues, Ambassador Rony Yedidia Clein, center, stands with Somaliland’s director-general at the Ministry of Water Development, Aden Abdela Abdule, second from the right, and other officials at a waste treatment facility in Israel, Feb. 25, 2025. Photo: Screenshot

Israel has initiated a multi-prong approach to aid Somaliland in overcoming a series of droughts which have plagued the Horn of Africa region for years, lending its support in water management and other areas as the two sides formally establish diplomatic relations.

On Monday, the first official delegation from Somaliland — 25 water sector workers — arrived in Israel following Jerusalem’s decision in December to become the first country to officially recognize the Republic of Somaliland as an independent and sovereign state

Israel’s agency for international development cooperation, MASHAV, is spearheading the collaboration effort.

“Honored to welcome this morning the participants of the 1st [MASHAV] tailor-made course for Somaliland’s National Water Authority (SNWA) ‘National Water Resources Planning and Management,’ building capabilities and bilateral cooperation,” the Israeli agency’s head, Eynat Shlein, posted on social media.

Israel’s envoy for water issues, Ambassador Rony Yedidia Clein, and the Somaliland visitors toured the National Center for Water Education and Innovation at the Shafdan wastewater treatment complex in Rishon LeZion.

Despite being largely arid and having limited natural freshwater supply, Israel has emerged as a global leader in water management, recycling nearly 90 percent of its wastewater, primarily for agricultural irrigation.

Aden Abdela Abdule, who serves as director general of Somaliland’s Ministry of Water Development, met with Eden Bar Tal, director general of Israel’s Foreign Ministry. According to Shlein, the two officials “stressed the importance of the bilateral relations and the joint partnership. During the meeting and a separate discussion with the MASHAV team, we discussed the vast potential to cooperation between the two states.”

The situation has become dire for Somaliland’s farmers struggling with thirsty crops.

“We are desperate,” Faysal Omar Salah, who operates a family farm near the village of Lallays, told AFP, describing how his children survive on milk from his cattle. “If the rain crisis continues, we will just leave this land and go to a town. We hope Israel will help us cultivate our dry land.”

Israeli experts will reportedly visit Somaliland soon to aid in installing technology to counter a variety of water challenges which have hit the African country’s 6.2 million inhabitants. Over the last five years, the rainy seasons in the region have arrived late and diminished, causing shortages, regular droughts, and a need to rely on groundwater. In addition, Somaliland has seen water losses in its city regions and lacks major monitoring technology.

“Inshallah, Israel is going to help us changing our practices. Because if you want to change practices, you need to have knowledge,” Agriculture Ministry official Mokhtar Dahir Ahmed told AFP.

Meanwhile, Israel and Somaliland have moved to formalize their diplomatic relations.

On Wednesday, Israel’s Foreign Ministry announced it had formally welcomed Dr. Mohamed Haji, recognizing him as the fully accredited Ambassador Extraordinary and Plenipotentiary of the Republic of Somaliland to Israel. Israel will reciprocate by naming its ambassador to Somaliland in the coming weeks.

Somaliland’s President Abdirahman Mohamed Abdillahi is scheduled to make his first official visit to Israel at the end of March, the Jerusalem Post reported, citing sources familiar with the matter. He had previously visited in December for discreet negotiations that led to the partnership with the Jewish state.

According to experts, the growing Israel-Somaliland partnership could be a “game changer” for Israel, boosting the Jewish state’s ability to counter the Yemen-based Houthi terrorist group while offering strategic and geographic advantages amid shifting regional power dynamics.

Unlike most other states in the region, Somaliland has relative security, regular elections, and a degree of political stability — qualities that make it a valuable partner for international allies and a key player in regional cooperation.

Somaliland, which has claimed independence for decades in East Africa but remains largely unrecognized, is situated on the southern coast of the Gulf of Aden and bordered by Djibouti to the northwest, Ethiopia to the south and west, and Somalia to the south and east. It has sought to break off from Somalia since 1991 and utilized its own passports, currency, military, and law enforcement. The region remains distinct from the rest of Somalia due to the dominance of the Isaaq clan.

However, several Arab, Islamic, and African countries, including regional powers, publicly rejected the move, as did other states such as China.

Somalia’s President Hassan Sheikh Mohamud warned Israel at the Al Jazeera Forum in Doha on Feb. 7 against establishing a military base in Somaliland.

“We will confront any Israeli forces that enter, because we oppose this and will never allow it,” he said.

That same day, the Somali president blasted Israel’s decision to recognize Somaliland in an interview with Iran’s PressTV propaganda network. Mohamud labeled Israel’s recognition as “reckless, fundamentally wrong, and illegal action under international law.”

The European Union also opposed the decision, saying it “reaffirms the importance of respecting the unity, the sovereignty, and the territorial integrity” of Somalia.

US President Donald Trump has said he opposes recognition of Somaliland, but his administration defended Israel’s decision, saying Jerusalem “has the same right to conduct diplomatic relations as any other sovereign state.”

Somaliland’s minister of the presidency, Khadar Hussein Abdi, told AFP on Saturday that the government is prepared to offer mineral rights and military infrastructure in exchange for recognition from the United States. The region includes significant lithium deposits, putting it in potential competition with China which currently dominates the market, controlling roughly 65-70 percent of the world’s lithium refining capacities and 60 percent of rare earthing mining.

“Situated along the Gulf of Aden near the Bab el-Mandeb Strait – a chokepoint linking the Red Sea to the Suez Canal and carrying roughly 10 percent of global seaborne trade – the territory [Somaliland] offers not only resource potential but strategic logistics leverage,” Anne-Laure Klein, managing director in the portfolio operations group for Rothschild and Company, wrote on Thursday in Energy Capital & Power, a publication which encourages energy investments in Africa.

“For Washington, combining mineral access with positioning along a key maritime corridor could strengthen both supply chain security and transatlantic export routes at a time of intensifying geopolitical competition,” she added. “The question now is whether diplomatic recognition will follow – and if strategic geography and untapped minerals together are enough to tip the balance.”

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Young Republicans Flock to Anti-Israel Candidate in Florida Governor’s Race

Florida gubernatorial candidate James Fishback. Photo: Screenshot

A radically anti-Israel candidate in Florida’s Republican primary for governor is by far the most popular choice for young voters, despite being accused of antisemitism, a new poll has found.

The University of North Florida poll, released on Tuesday, showed 31-year-old James Fishback, the founder and chief executive of the investment firm Azoria, leading comfortably among Republican voters aged 18–34.

While Fishback remains a long-shot contender overall, the results found he captured 32 percent support among younger Republicans surveyed, compared to just 8 percent for US Rep. Byron Donalds, who continues to lead the broader primary field. Another 46 percent said they were not sure.

Overall, Donalds leads the field with 31 percent support, followed by Fishback far behind at 6 percent. More than half of those polled, 51 percent, said they were not sure who to support.

Fishback has drawn criticism for relentlessly attacking Israel and, according to some critics, veering into antisemitic discourse.

While addressing students at the University of Central Florida earlier this month, Fishback said he “will not visit the country of Israel under any circumstances.” The candidate went on to mock the Western Wall, calling it a “stupid wall.”

“This is how antisemitism rebrands itself in 2026,” Rabbi Steven Burg, the CEO of Aish, a global Jewish educational organization, wrote of Fishback’s comments in a recent op-ed for the Sun Sentinel.

Fishback has also criticized Donalds for arranging a forum at a south Florida synagogue, accusing the congressman of expressing favoritism toward Jewish people. The insurgent candidate also came under fire for praising supporters of antisemitic social media personality Nick Fuentes as “patriots” and “civil.”

“We had a great conversation, and they have a real pulse for what is going on in the country,” Fishback said of Fuentes’s supporters.

In December, the Network Contagion Research Institute (NCRI) released a report analyzing online support for Fuentes, suggesting he has received a major boost from inauthentic amplification by anonymous actors in foreign countries such as India, Pakistan, Nigeria, Malaysia, and Indonesia.

If elected, Fishback has vowed to direct all state government entities to “divest” from bonds issued by the Israeli government on his first day in office. He has also accused Israel of committing “genocide” in Gaza and stated that the supposed “genocide” should be taught in Florida public schools. 

Donalds, a stalwart conservative and strident ally of US President Donald Trump, has established himself as a firm supporter of Israel. The lawmaker expressed support for Israel’s right to self-defense in the wake of Hamas’s Oct. 7, 2023, massacre across southern Israel. As skepticism about Israel has surged within the Republican Party in recent months, Donalds has maintained strong vocal support for the Jewish state.

During an interview with Fox Business in December, Donalds lamented rising antisemitism and anti-Israel sentiment within the country and around the world.

“This level of antisemitism, this hatred against Jewish people and against Israel, it’s out of control. It’s insane,” Donalds said.

The latest University of North Florida poll, conducted among likely Republican voters in Florida, included a small sample of 39 respondents in the 18–34 age bracket. Though limited in scope, the findings reflect a broader trend seen in some national surveys, indicating a generational shift among parts of the Republican Party, with younger voters expressing more skepticism toward both Israel and American Jews than their older counterparts.

For example, the Manhattan Institute, a prominent US-based think tank, released a major poll in December examining the evolving makeup of the Republican Party (GOP) and its current attitudes toward Israel and Jewish Americans.

According to the results, newer entrants to the GOP are more likely to be antisemitic

“Anti-Jewish Republicans are typically younger, disproportionately male, more likely to be college-educated, and significantly more likely to be New Entrant Republicans,” the survey found. “They are also more racially diverse. Consistent church attendance is one of the strongest predictors of rejecting these attitudes; infrequent church attendance is, all else equal, one of the strongest predictors of falling into this segment.”

This group is also in general more politically liberal, according to the survey: “Given that many of these voters are younger and former Democrats, more progressive policy tendencies are unsurprising.”

The data also showed that older GOP voters are much more supportive of Israel and less likely to express antisemitic views than their younger cohorts.

According to the data, 25 percent of GOP voters under 50 openly express antisemitic views as opposed to just 4 percent over the age of 50.

Startlingly, a substantial amount, 37 percent, of GOP voters indicate belief in Holocaust denialism. These figures are more pronounced among young men under 50, with a majority, 54 percent, agreeing that the Holocaust “was greatly exaggerated or did not happen as historians describe.” Among men over 50, 41 percent agree with the sentiment.

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Fetterman Hosts AIPAC, Bondi Survivor in DC Office, Voices Support for ‘Jewish Community and Our Special Ally’

US Sen. John Fetterman (D-PA) gives an interview in his office in the Russell Senate Office Building in Washington, DC, Jan. 18, 2024. Photo: Rod Lamkey / CNP/Sipa USA for NY Post via Reuters Connect

US Sen. John Fetterman (D-PA) welcomed representatives from the American Israel Public Affairs Committee (AIPAC) and a survivor of the Bondi Beach massacre to his Washington, DC office on Tuesday, expressing support for the “global Jewish community” and the longstanding strategic partnership between the US and Israel.

“Proudly welcomed AIPAC and a survivor of the Bondi Beach massacre — a living reminder of the global scourge of antisemitism. My voice and vote will always stand with and support the global Jewish community and our special ally,” Fetterman posted on the social media platform X.

Fetterman, who has emerged as a prominent pro-Israel voice among Democrats on Capitol Hill, has signaled unwavering support for the Jewish state as its standing among liberal voters and progressive lawmakers has cratered.

The Pennsylvania lawmaker has repeatedly affirmed Israel’s right to defend itself from the Hamas terrorist group in Gaza and has defended the Jewish state from unsubstantiated claims of “genocide.”  He also displayed the photos of the hostages captured by Hamas-led terrorists during their Oct. 7, 2023, massacre across southern Israel in his office, drawing praise from pro-Israel Americans.

Despite his party’s increasing opposition to US military support for Israel, Fetterman has repeatedly vowed to vote in favor of such support for the Jewish state, rankling the progressive wing of the Democratic Party.

“I’m a really strong, unapologetic supporter of Israel and it’s really not going to change for me when [Donald] Trump becomes [president]. My vote and voice is going to follow Israel,” Fetterman said during an interview in December 2024.

One year later, Fetterman lamented the deadly attack on a Hanukkah celebration at Sydney’s Bondi Beach in December that killed 15 people who attended the Jewish gathering and wounded at least 40 others, expressing alarm about the global rise in antisemitism.

“After years of anti-Israel protests in Australia, at least 11 Jews were just gunned down at a Hanukkah event. Tree of Life to 10/07 to Bondi Beach: antisemitism is a rising and deadly global scourge. I stand and grieve with Israel and the Jewish global community,” he posted shortly after the shooting, using a figure based on an early death toll. 

Though American lawmakers from both major political parties roundly condemned the Bondi Beach massacre, Fetterman’s decision this week to publicly meet with AIPAC, the premier pro-Israel lobbying group in the US, will likely raise eyebrows among his liberal supporters.

In the two years following the breakout of the Israel-Hamas war, AIPAC’s standing among the Democratic party has plummeted dramatically. In primary races across the country, Democratic hopefuls are being pressed on their connections to AIPAC and facing demands to pledge not to accept funding from the group, which seeks to foster bipartisan support for the US-Israel relationship. The emergence of AIPAC support as a kind of litmus test has raised concerns among Jewish Democrats that the party is becoming increasingly inhospitable to Jews and Zionists.

According to polls, Fetterman is unpopular among Democratic primary voters, making him vulnerable in a primary competition. Numerous progressives in the Keystone State have signaled they are gearing up to challenge Fetterman for the party nomination in 2028.

However, Fetterman maintains shockingly high approval ratings among Republicans and strong approval ratings among independents, potentially injecting a significant degree of uncertainty into the Pennsylvania Senate race if he were to run as an independent in the general election.

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