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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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These are the victims of the Bondi Beach Hanukkah celebration shooting in Sydney
(JTA) — A local rabbi, a Holocaust survivor and a 12-year-old girl are among those killed during the shooting attack Sunday on a Hanukkah celebration in Sydney, Australia.
Here’s what we know about the 11 people murdered in the attack, which took place at a popular beachside playground where more than 1,000 people had congregated to celebrate the first night of the holiday, as well as about those injured.
This story will be updated.
Eli Schlanger, rabbi and father of five
Schlanger was the Chabad emissary in charge of Chabad of Bondi, which had organized the event. He had grown up in England but moved to Sydney 18 years ago, where he was raising his five children with his wife Chaya. Their youngest was born just two months ago.
In addition to leading community events through Chabad of Bondi, Schlanger worked with Jewish prisoners in Australian prisons. “He flew all around the state, to go visit different people in jail, literally at his own expense,” Mendy Litzman, a Sydney Jew who responded as a medic to the attack, told the Jewish Telegraphic Agency.
Last year, amid a surge in antisemitic incidents in Australia, Schlanger posted a video of himself dancing and celebrating Hanukkah, promoting lighting menorahs as “the best response to antisemitism.”
The best response to antisemitism. Happy Chanukah! pic.twitter.com/33RSGYzhUY
— Rabbi Eli Schlanger (@SchlangerEli) December 17, 2024
Two months before his murder, he published an open letter to Australian Prime Minister Anthony Albanese urging him to rescind his “act of betrayal” of the Jewish people. The letter was published on Facebook the same day, Sept. 21, that Albanese announced he would unilaterally recognize an independent Palestinian state.
Alex Kleytman, Holocaust survivor originally from Ukraine
Kleytman had come to the Bondi Beach Hanukkah celebration annually for years, his wife Larisa told The Australian. She said he was protecting her when he was shot. The couple, married for six decades, has two children and 11 grandchildren.
The Australia reported that Kleytman was a Holocaust survivor who had passed World War II living with his family in Siberia.
12-year-old girl
Alex Ryvchin, co-CEO of the Executive Council of Australian Jewry, told CNN that a friend “lost his 12-year-old daughter, who succumbed to her wounds in hospital.” The girl’s name was not immediately released.
Dozens of people were injured
- Yossi Lazaroff, the Chabad rabbi at Texas A&M University, said his son had been shot while running the event for Chabad of Bondi. “Please say Psalms 20 & 21 for my son, Rabbi Leibel Lazaroff, יהודה לייב בן מאניא who was shot in a terrorist attack at a Chanukah event he was running for Chabad of Bondi in Sydney, Australia,” he tweeted.
- Yaakov “Yanky” Super, 24, was on duty for Hatzalah at the event when he was shot in the back, Litzman said. “He started screaming on his radio that he needs back up, he was shot. I heard it and I responded to the scene. I was the closest backup. I was one of the first medical people on the scene,” Litzman said. He added, “We just went into action and saved a lot of lives, including one of our own.”
The post These are the victims of the Bondi Beach Hanukkah celebration shooting in Sydney appeared first on The Forward.
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The three responses to the Bondi Beach Hanukkah attack that could make Jews safer
After two gunmen opened fire at a Hanukkah celebration on Sydney’s Bondi Beach, killing at least 11 people and wounding dozens more, the world is asking urgent questions: Could this be the first of many such attacks? Who might be behind it? And how can we prevent the next tragedy?
Was Iran involved?
Iran, with its long history of using proxies and terrorism, naturally comes to mind. Israeli intelligence has publicly warned that Tehran remains highly motivated to target Israeli and Jewish interests abroad.
Reports suggest that Israeli agencies have assessed not only that Iran has the intent, but that it also possesses the capability to use its networks — through Hezbollah, Hamas, and other proxy groups — to strike outside the Middle East. Western governments, including Australia, the U.S., and members of the EU, have acknowledged Iranian intelligence activity on their soil.
The motivation is clear: Israel’s military strike damaged Iranian infrastructure and positions in June, followed shortly by U.S. attacks that compounded the damage and were widely celebrated in Israel and by Jewish communities. To Iran’s benighted regime, they were provocations that demanded a response. Certainly some of the investigation into the Bondi Beach attack will look in that direction.
But focusing solely on Iran risks missing a more immediate and pervasive danger: Violence against Jews does not require orchestration by a foreign state. The conditions that make it possible — and increasingly thinkable — are already everywhere.
Terrorism against Jews has gone global
Terrorism is tragically easy to carry out. Only two months ago, two Jews were killed by a Muslim attacker on Yom Kippur who rammed a car into a crowd outside a synagogue in England and attacked people with knives.
And while the UK and Australia severely restrict access to weapons, nowhere in the developed world is mad violence easier to orchestrate than in the United States. Firearms are cheap, accessible, and legal for virtually anyone, and the sheer size of the country makes monitoring and security far more difficult than in smaller, more centralized nations. Lone actors can wreak destruction on a scale that would be unthinkable elsewhere. If one wanted to locate the most vulnerable place for ideologically motivated attacks, the United States sits uncomfortably near the top.
Motivation for such violence has been growing steadily. Antisemitic attacks have increased across the Western world, and the way the Gaza war unfolded has only accelerated the trend. The narrative of “genocide” has become increasingly entrenched, making it harder for Jews to occupy the once-unquestioned moral space: I still defend Israel and should not be attacked for it. That space is collapsing.
“The idea that Jews collectively bear responsibility for Israel’s actions is seeping into public consciousness in ways that make massacres like Bondi Beach more thinkable, if not inevitable.”
Dan Perry
Polls now show that roughly half of Americans believe Israel is committing genocide in Gaza. Substantial minorities go further, rationalizing recent attacks against Jews as “understandable” or even “justified.” These numbers do not indicate majority support for violence, but they are significant enough to suggest that moral restraints are weakening.
This shift is particularly pronounced among younger generations, where hostility toward Israel has become a moral baseline. It does not automatically translate into action, but it lowers the social cost of excusing violence. The idea that Jews collectively bear responsibility for Israel’s actions is seeping into public consciousness in ways that make massacres like Bondi Beach more thinkable, if not inevitable.
The situation is compounded by Israel’s current government. Its policies and rhetoric have alienated large swathes of the global community, including non-orthodox Jews in the United States. The government’s posture — contemptuous, dismissive, and occasionally openly sneering — makes the work of diplomats, community leaders, and advocates far more difficult. Israel’s failure to convey a nuanced understanding abroad of the delicacy of its own situation, nor give any inkling of introspection about its conduct in Gaza, feeds perceptions of illegitimacy and exacerbates antisemitism.
So, what can be done?
The 3 ways to make Jewish communities safer
First, Jewish communities must assume that maximal security at every event, and certainly on holidays and around landmarks, is essential not optional. Every public event, school, and institution should be protected at the highest feasible level. Prudence demands it. Governments that claim to protect minorities must fund and sustain this protection, not treat it as an emergency add-on after tragedy strikes.
Second, political leadership matters. World leaders must speak clearly and forcefully against antisemitic violence. Silence or hedging is read as permission. Muslim leaders, in particular, should speak plainly: Condemning attacks on Jews is not an endorsement of Israel, nor a betrayal of Palestinian suffering — it is an assertion of basic moral boundaries. President Donald Trump, despite his many failings, has a unique capacity to apply pressure. If he insisted publicly that major figures in the Muslim world denounce antisemitic violence, he could secure statements and commitments that might otherwise be unattainable. That could save lives.
Finally, Israel itself must confront its role. The current government has become a strategic liability — not just for Israel’s security, but for Jews worldwide. Its policies, tone, and posture have helped create the conditions in which antisemitism flourishes abroad. This in no way justifies attacks on Jews, but we must live in the real world that can be cruel, indifferent, superficial and unfair.
A government that understands the global stakes, communicates openness to the world, respects the diversity of the Jewish diaspora, and approaches foreign and domestic policy with nuance and restraint would do enormous good. It would not eliminate the threat overnight, but it would drastically reduce the conditions that allow such hatred to grow. Replacing the current government with one capable of such diplomacy and moral awareness could, in a sense, be the most effective preventive measure of all.
The Bondi Beach massacre is a devastating warning. It is a tragedy that could have happened anywhere and serves as a grim reminder that antisemitic violence is an urgent threat to Jews everywhere.
The post The three responses to the Bondi Beach Hanukkah attack that could make Jews safer appeared first on The Forward.
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U.S. leaders condemn ‘vile act of antisemitic terror’ after deadly Hanukkah attack in Australia
American politicians responded early Sunday to devastating reports from Sydney, Australia, where at least 11 people were killed during a Hanukkah celebration at the popular Bondi Beach on the first night of Hanukkah. Australian Prime Minister Anthony Albanese called the terror attack an “act of evil antisemitism” that targeted Australia’s Jewish community.
Some elected officials struck a somber tone, while others drew political conclusions.
Secretary of State Marco Rubio issued a brief statement condemning the attack and said that “antisemitism has no place in this world.”
Israeli Prime Minister Benjamin Netanyahu said on Sunday that the Australian government’s decision to recognize a Palestinian state earlier this year encouraged “the Jew-hatred now stalking your streets.”
Sen. Lindsey Graham, Republican of South Carolina, tied the attack to the Israel-Hamas war, sending a warning to governments that support the unilateral recognition of an independent Palestinian state before Hamas is disarmed. “When you appease those who kill Jews, you get more killing of Jews,” Graham said in an interview on Fox News’ Sunday Morning Futures.
Sen. John Fetterman, a pro-Israel Democrat from Pennsylvania, echoed that sentiment on the same program, saying that anti-Israel protests in recent years have “penetrated” into violent attacks on Jews. “Just call it what it is,” Fetterman said. “Antisemitism is a worldwide scourge, and it’s constantly demonstrated to be deadly.”
Senate Minority Leader Chuck Schumer, who is Jewish, posted on X that the attack is a “shocking reminder that antisemitism and hate is not only toxic and far too present and widespread around the world, it is deadly. It must be vigorously condemned, confronted and overcome.”
New York City Mayor-elect Zohran Mamdani issued a statement, posted on his social media accounts, calling the attack a “vile act of antisemitic terror” and “the latest, most horrifying iteration in a growing pattern of violence targeted at Jewish people across the world.”
Mamdani, an outspoken critic of Israel whose statements on the conflict and refusal to disavow the “globalize the Intifada” slogan have roiled and divided the Jewish community, said the deadly attack should be met with urgent action to counter antisemitism. He also reiterated his pledge to “work every day to keep Jewish New Yorkers safe — on our streets, our subways, at shul, in every moment of every day.” New York City is home to the largest concentration of Jews in the United States.
Outgoing New York City Mayor Eric Adams said the police department will provide additional security at public menorah lightings across the city. New York Gov. Kathy Hochul said the state police will assist with protection. “New York will always stand against the scourge of antisemitism and confront violence head-on,” Hochul added.
Brad Lander, the outgoing New York City Comptroller who is Jewish, and also running for Congress, also highlighted the heroism of a local man, Ahmed al-Ahmed, who put his own life at risk by running behind one of the gunmen and tackling and disarming him. Lander mourned the killing of a Chabad of Bondi’s Rabbi Eli Schlanger.
“Our menorahs tonight will also be yahrzeit candles — with grief for this grievous loss and rededication to shine brighter than slaughter and hate,” Lander wrote on X.
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