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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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A View From Inside Iran: Silencing a Generation — Voices Lost to the Gallows
Iranian demonstrators gather in a street during anti-regime protests in Tehran, Iran, Jan. 8, 2026. Photo: Stringer/WANA (West Asia News Agency) via REUTERS
“Don’t tell Mom.”
It is a sentence that has echoed through Iran’s prisons for decades. A sentence carried through monitored phone lines in the final minutes granted to the political prisoners before execution.
It’s a closing plea made just before the state carries out a sentence from which there is no appeal in practice, regardless of what the law suggests in theory.
Political prisoners are typically permitted one final phone call. The call is brief and the tone measured. A father or a sibling answers. There is no explicit reference to what awaits. The word execution is rarely spoken aloud. Surveillance renders such candor both futile and dangerous.
Instead, there is a restraint.
“Dad … please don’t tell Mom.”
He once imagined a different future. He is a teenager with dreams. Employment. Stability. The ordinary dignity of contributing to his household. A simple life with shared meals, familiar arguments, the slow accumulation of years.
He did not anticipate becoming an example.
In the final hours, time takes on a different texture. Memory becomes intrusive. Childhood surfaces with disorienting clarity. The mind hangs between improbable hope and quiet comprehension. There may be a reprieve. Perhaps international pressure will intervene. Perhaps the sentence will be suspended. Hope flickers irrationally. But the machinery of execution is efficient. The last image is not of ideology. Not of slogans. It is of home.
And then, silence.
Executions function not only as punishment, but as communication. A message sent through prison walls into society: dissent has consequences. Protest has a cost. Silence is safer.
Within Iran’s Revolutionary Courts, outcomes in political cases are determined long before the hearing begins. Access to a lawyer is restricted. Trials may last minutes; in some cases, there are no trials. Charges such as “enmity against God” or “corruption on earth” are applied, enabling capital punishment under a broadly interpreted definition of dissent.
By the time the final call is made, the legal process has typically run its course.
What follows is administrative efficiency.
Hours later, families are notified. The burial conditions are controlled and restricted. Public mourning is not permitted. Grief itself becomes regulated.
The executions of political prisoners in Iran emerge from a judicial architecture that has long blurred the boundary between adjudication and enforcement.
Political cases are typically adjudicated in Revolutionary Courts, institutions established in the aftermath of the 1979 coup d’état to address actions perceived as threats to the state. Over time, their jurisdiction has significantly expanded. Proceedings are conducted behind closed doors. Defendants in national security cases, as defined by the regime, may not be allowed to consult their preferred attorney during the investigative stage, which is a crucial time when coerced confessions are frequently obtained.
Claims of forced confessions, brief trials, and a lack of evidentiary transparency have all been documented by human rights organizations on numerous occasions. The way charges like “enmity against God” (moharebeh) and “corruption on earth” (efsad fel-arz) are phrased leaves room for interpretation. These offenses are punishable by death under Iran’s Islamic Penal Code.
In politically sensitive cases, appeals are reviewed in minutes and without public scrutiny. The interval between sentencing and execution is usually brief, especially during nationwide protests.
The outcome is a system in which capital punishment transcends its role as a criminal penalty and instead operates as a deliberate instrument of state control and intimidation.
The right to a fair and public hearing, access to independent legal counsel, and the exclusion of evidence obtained under duress are guaranteed under international legal standards, notably those set out in the International Covenant on Civil and Political Rights, to which Iran is a member. International Law limits the use of capital punishment, where it has not been abolished, to the most serious crimes, understood to involve deliberate killing. Significant concerns arise regarding proportionality and due process when the death penalty is applied in cases related to protests. In such conditions, the legitimacy of the sentence itself is called into question, and fundamental legal protections are undermined.
Executions in this context serve a dual function: they eliminate the individual and communicate a warning to the broader public. Particularly in the aftermath of protest movements, they operate as instruments of deterrence, reinforcing the cost of dissent.
This is not merely a domestic judicial matter; it is a question of whether procedural form can substitute for substantive justice and whether the language of law can obscure the absence of its protections.
The cases differ in detail, but the structural concerns remain consistent: restricted legal representation, opaque trials, and the rapid advancement of capital sentences.
Time, in such cases, is measured not in months but in days, sometimes hours.
The international community has mechanisms at its disposal. Governments engaged in diplomatic relations with Tehran possess channels through which urgent appeals have been raised, yet these efforts have too often failed to elicit meaning response. The UN Special Rapporteur on the situation of human rights in Iran has repeatedly called for transparency and adherence to international fair trial standards, but such appeals lack effective means to hold authorities inside Iran accountable.
Public pressure matters. Diplomatic engagement matters. Clear and coordinated messaging matters. Silence, too, carries consequences.
In the context of war and ceasefire, the Islamic Republic of Iran has intensified its repressive measures, imprisoning and executing young individuals for the simple act of sharing images and videos with international media. The Internet blackout has severely restricted access to information about detainees and ordinary Iranians.
As the United States and Islamic Republic of Iran prepare to engage in more high-stakes talks in Islamabad, aimed at stabilizing a fragile ceasefire following weeks of conflict, concerns are intensifying that those at risk of execution and ordinary Iranians may face heightened risk under an increasingly vengeful policy of the regime.
For Iranians, the future remains uncertain and unsettling. Rather than offering reassurance, these negotiations are met with anxiety and distrust, as many fear that diplomatic engagement may come at the cost of further repression at home.
Amid pervasive fear and danger, the fate of millions of Iranians remains unknown.
The men and women awaiting execution today are not abstractions. They are sons and daughters who once ended a phone call with the same plea:
“Don’t tell Mom.”
The question now is not only what will happen inside prison walls, but also what will happen outside of them — in foreign ministries, in multilateral institutions, in the public conscience. Because once the sentence is carried out, there is no correction. What Iranians might face now is the aftermath of an unfinished war.
Maddie Ali is based in Iran. In addition to her academic work, she has been involved in civic activity in her hometown, including participating in and helping organize local protests alongside friends and family. Her name has been changed to protect her identity.
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Haftarat Shabbat Rosh Chodesh: All Who Mourn for Jerusalem
An aerial view of the Temple Mount in the Old City of Jerusalem. Photo: Wikimedia Commons.
This year, as Parshat Tazria-Metzora coincides with Shabbat Rosh Chodesh, and the weekly haftara gives way to the closing chapter of the Book of Isaiah, it is impossible to hear Yeshayahu’s stirring words of consolation this season without feeling their weight.
Almost three years have passed since the horrors of October 7th. We have lived through war fought on multiple fronts — in Gaza and Lebanon, Syria and Iran. Homes destroyed across the north, south, and center of Israel. Families cycling through bomb shelters and reserve duty. Non-stop shiva calls. And, as this haftara falls just before Yom Hazikaron, military cemeteries that have grown far too large.
Yeshayahu’s vision of comfort is addressed precisely to this kind of grief — and it places a profound and demanding condition on that comfort.
The prophet paints a future of joy and renewal: Jerusalem rebuilt, her streets once again filled with laughter and light. “Bring Jerusalem joy, exult in her, all of you who love her; celebrate her joy with her, all of you who mourned her” (Isaiah 66:10). The Gemara (Taanit 30b) reads this verse with care and draws out a powerful principle: Only those who have genuinely mourned for Jerusalem will merit sharing in her future joy. The invitation to rejoice in redemption is conditional upon having grieved.
This teaching about who truly “mourns for Jerusalem” carries urgent contemporary weight. A Pew Research Center study released last month found that American favorability toward Israel has dropped eight percentage points in a single year, with 60% of Americans now holding an unfavorable view. More troubling is the trend within the Jewish community: just last year, 73% of American Jewish respondents held a favorable view of Israel. That figure has fallen to 64% — a decline of nearly 10 points in 12 months. For those who love Zion, these are not merely political data points. They are a challenge to the very solidarity that Yeshayahu’s vision demands.
What lies behind this shift? Part of the answer is a well-funded, coordinated campaign to delegitimize the State of Israel and Zionism — visible in American higher education, in the media, and in political lobbying. This must be named and addressed.
But it would be a mistake to look only outward. We in Israel must honestly ask whether the policies and public statements of top Israeli officials have not made it easier to misrepresent Israel as a state unconcerned with minorities, insensitive to other faiths (including Jewish denominations which are not Orthodox), and willing to flatten Gaza and repopulate it with Jewish settlements. The obligation to protect the state is sacred; so too is the obligation to ensure that the vision of an independent, flourishing Jewish State remains one that Jews in Israel and the diaspora can embrace together.
“As a man is consoled by his mother, just so shall I comfort you, and in Jerusalem, you shall be consoled” (v. 13). Yeshayahu’s image of consolation is strikingly intimate — the warmth of a mother, the certainty of belonging. This comfort is not meant to be experienced alone. It is promised to a people that returns to Jerusalem together, whose grief has been communal and whose joy will be shared. Since October 7th, so many Jews worldwide have indeed mourned, prayed, donated, advocated, and made aliyah. That solidarity is real, and must not be taken for granted.
Generations ago, a visitor to the Kotel etched into its ancient stones a verse from this very haftara: “You shall look on, your heart rejoicing, while your bones grow vigorous, like grass, and the hand of the Lord becomes known to His servants” (v. 14). An anonymous hand carved those words of hope into the wall — a private prayer left for all who would come after. This person understood Yeshayahu’s meaning precisely: Our hope is not merely personal. The rejoicing, the vigorous renewal, the recognition of God’s hand in history — all of it belongs to all our people, as one.
As we approach Yom Hazikaron, mourning our fallen with aching hearts, may we recommit to the work of shared solidarity that Yeshayahu demands. May we grieve together, hold one another, and confront with honesty and courage whatever stands between us and the vision of Jerusalem restored. And may we all merit, as a nation, and not merely as individuals, to see that day of consolation soon.
Rabbi Dr. Kenneth Brander is President and Rosh Yeshiva, Ohr Torah Stone.
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Erdogan’s Turkey Weaponizes Judicial Mechanisms Against Israel
Turkish President Tayyip Erdogan is welcomed by Qatar’s Emir Sheikh Tamim bin Hamad al-Thani in Doha, Qatar, Oct. 22, 2025. Photo: Murat Kula/Turkish Presidential Press Office/Handout via REUTERS
As the US and Israel are attempting to eradicate the nuclear threat of Iran’s Islamist regime with Operation Epic Fury and Operation Roaring Lion, usual suspect Turkey — a nominal NATO ally of the US — undermines their efforts. Turkey has been a close ally of the Iranian Islamist regime and Hamas’ most vocal supporter on an international level. Ever since Hamas launched a horrific attack on Israeli civilians on October 7, 2023, Turkey has been opposing Israel. Now Turkey resorts to renewed threats against Israel by weaponizing its judicial mechanisms.
On Apr. 10, the regime-affiliated Istanbul Chief Public Prosecutor’s Office filed indictments against 35 top Israeli officials, including Prime Minister Benjamin Netanyahu, Defense Minister Israel Katz, National Security Minister Itamar Ben Gvir, and IDF Chief of Staff Lt. Gen. Eyal Zamir. seeking a total of more than 4,500 years in prison.
The indictments relate to Israel’s Oct. 1, 2025, interception of the Global Sumud Flotilla that was trying to breach the Israeli blockade of Islamist Hamas in Gaza. The indictment seeks aggravated life sentences as well as prison terms ranging from 1,102 years and 9 months to 4,596 years for each suspect on charges, including “crimes against humanity,” “genocide,” “deprivation of liberty,” “torture,” “damage to property,” “qualified looting,” and “obstructing, hijacking or detaining transportation vehicles.”
The supposed investigation is said to unfold within the framework of the United Nations Convention on the Law of the Sea (UNCLOS), which Turkey itself has not signed.
Israeli Premier Benjamin Netanyahu did not hold back in his response, accusing Erdogan of massacring Kurds in his own country. “Israel under my leadership will continue to fight Iran’s terror regime and its proxies, unlike Erdogan who accommodates them and massacred his own Kurdish citizens,” he wrote on X. The persecution of the Kurdish population, both inside Turkey and in neighboring countries — Syria and Iraq — by Turkish authorities, has been going on for decades. Turkey’s Foreign Ministry repeated well-known tropes of anti-Israeli propaganda, calling the Israeli premier “the Hitler of our time.”
Israeli Defense Minister Israel Katz, a vocal critic of Turkey’s aggression, also lashed out at Erdogan on X, calling him a “paper tiger.” “Erdogan, who did not respond to missile fire from Iran into Turkish territory and has proven to be a paper tiger, is now fleeing into the realm of antisemitism and calling for show trials in Turkey against Israel’s political and military leadership,” he said. “What an absurdity. A man of the Muslim Brotherhood, who massacred the Kurds, accuses Israel — defending itself against his Hamas allies — of genocide,” Katz added. “Israel will continue to defend itself with strength and determination — and he would do well to remain silent.”
Israel has established a trilateral cooperation on security, defense, and energy with Greece and Cyprus, two European states that function as Israel’s necessary strategic depth in its greater Islamic neighborhood. In an interview with state-affiliated Anadolu news agency on Apr. 13, Turkish Foreign Minister Hakan Fidan criticized Greece and Cyprus over their cooperation with Israel, warning it could heighten regional tensions. The Turkish official also claimed that Israel “may seek to characterize Turkey as a new adversary after Iran, as it cannot survive without an enemy.” Greece’s Foreign Ministry replied promptly that it owes no explanations to Turkey over its long-standing alliance with Israel.
Turkish aggressive rhetoric against Israel, Greece, and Cyprus have recurred time after time.
Turkish President Recep Tayyip Erdogan has repeatedly threatened to use military force against all three states. In this context, Israel’s growing cooperation with Greece and Cyprus is essential in lifting Israel out of its Arab surroundings and engaging with a greater Mediterranean and pro-Western security environment.
“Turkey’s latest wave of anti-Israeli rhetoric following the Israel–Greece–Cyprus cooperation mechanisms reflect a familiar pattern rather than a sudden shift. Ankara views the deepening cooperation among these three states as a direct challenge to its regional influence in the Eastern Mediterranean. Israel’s growing strategic relationship with Greece and Cyprus in the Eastern Mediterranean gives Israel an alternative regional anchor that is not dependent on Arab consensus, and it opens pathways for security cooperation that can survive diplomatic storms in the Middle East. For Turkey in particular, the Israel–Greece–Cyprus triangle is a constant reminder that Israel has options, and that attempts to corner Israel politically can push it deeper into partnerships that Turkey cannot easily penetrate,” US national security lawyer, geopolitical analyst, and fellow at the Jerusalem Center for Public Affairs Irina Tsukerman, told the Investigative Project on Terrorism (IPT).
The relations of Turkey and Hamas have run deep for decades, and have been thoroughly documented by IPT in various analyses (here and here). Erdogan’s Turkey has an ambiguous relationship with extremist Islamist ideology, having supported the Islamic State and other terrorist Islamist organizations in Syria and Libya. The Turkish government supports the notorious Muslim Brotherhood, designated by the US as a foreign terrorist organization. Erdogan himself has repeatedly met with the leadership of Hamas in Turkey.
According to Israel’s Shin Bet, Hamas has established a command post in Turkey which it uses to recruit operatives and oversee operations in the Middle East and specifically in the West Bank against Israel. In September 2023, just weeks before the October 7 assault, Israeli customs authorities seized 16 tons of explosive material sent from Turkey to Gaza, hidden behind packages of construction supplies.
In many instances after the October 7 attack, Turkish Erdogan has lauded Hamas as “a liberation group, ‘mujahideen’ waging a battle to protect its lands and people.” Just weeks after the horrific attack, Erdogan cancelled a planned visit to Israel. Turkey suspended its trade with Israel, closed its airspace to Israeli planes, and issued arrest warrants for 37 Israeli officials, including Netanyahu.
Erdogan has treated Hamas as a sort of bulwark for Turkish interests, claiming in various instances that if the Islamist organization were to be eradicated, then Israel would come for Turkey next. Meanwhile, state-affiliated Turkish media continue to portray Israel as a “number one threat” for Turkey, while they always describe Hamas as a “Palestinian resistance movement.” Even after the October 7 attacks, the Turkish leadership called for an Islamic alliance against Israel, effectively a call to jihad.
IPT Senior Fellow Ioannis E. Kotoulas (Ph.D. in History, Ph.D. in Geopolitics) is Adjunct Lecturer in Geopolitics at the University of Athens, Greece. A version of this article was originally published by IPT.