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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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Tidbits: Yiddish activist in Sweden receives royal medal 

Tidbits is a Forverts feature of easy news briefs in Yiddish that you can listen to or read, or both! If you read the article and don’t know a word, just click on it and the translation appears. Listen to the report here:

סוסאַנע שנײַדערמאַן־ריץ, די אָנגעזעענע ייִדיש־אַקטיוויסטקע אין שוועדן און די פּרעזידענטקע פֿונעם שוועדישן צווײַג פֿון דער אַלוועלטלעכער ציוניסטישער פֿרויען־אָרגאַניזאַציע „וויזאָ“ — וועט באַקומען איינע פֿון שוועדנס העכסטע קיניגלעכע אויסצייכענונגען, „דעם קעניגס מעדאַל“, דעם 9טן סעפּטעמבער, אינעם קיניגלעכן פּאַלאַץ אין שטאָקהאָלם.

לויט דער אָפֿיציעלער באַשרײַבונג ווערט שנײַדערמאַן־ריץ אָנערקענט פֿאַר איר „ממשותדיקן בײַשטײַער צו דער מינאָריטעט־שפּראַך, ייִדיש.“ שוין צענדליקער יאָרן וואָס שנײַדערמאַן־ריץ קעמפֿט לטובֿת דעם אָפּהיטן די ייִדישע קולטור אין שוועדן.

שנײַדערמאַן־ריץ איז געווען איינע פֿון די פֿירערס בײַם פֿאַרזיכערן אַן אָפֿיציעלע אָנערקענונג פֿון ייִדיש ווי איינע פֿון שוועדנס נאַציאָנאַלע מינאָריטעט־שפּראַכן. צום סוף האָט די קאַמפּאַניע מצליח געווען. ייִדיש האָט באַקומען אַ לעגאַלן סטאַטוס און דערבײַ דערמעגלעכט אַז די רעגירונג זאָל העלפֿן פֿינאַנצירן דאָס אויפֿהאַלטן און אַנטוויקלען די ייִדישע שפּראַך און קולטור.

די אָנערקענונג ווערט באַטראַכט פֿאַר אַ ווענדפּונקט פֿאַר דער ייִדישער קהילה אין שוועדן, בפֿרט איצט ווען די זאָרג וועגן אַנטיסעמיטיזם וואַקסט פֿון טאָג צו טאָג בײַ ייִדן איבער גאַנץ אייראָפּע.

ייִדיש־אַקטיוויסטן זאָגן, אַז די אָפֿיציעלע שטיצע פֿאַר דער שפּראַך העלפֿט אָפּהיטן אַ וויכטיקן טייל פֿון דער ייִדישער קולטור־ירושה און פֿאַרשטאַרקט דעם אָנדענק פֿון ייִדישן לעבן אין שוועדן במשך פֿון דער געשיכטע.

צו זען דעם אַרטיקל אויף ענגליש גיט אַ קוועטש דאָ.

To see this article in English, click here.

The post Tidbits: Yiddish activist in Sweden receives royal medal  appeared first on The Forward.

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From a Catskills bungalow in 1969, you can almost see astronauts

Crickets chirp as the audience enters The Laura Pels Theatre. Tall grass rims the front of the stage, and home movies from summer resorts in the Catskills are projected on a screen. Mother and son wave hi from a lake, a boy swims laps and bubbies walk past in their swimsuits.

This is the setting of A Walk on the Moon, a new off-Broadway musical written by Pamela Gray and based on the 1999 film of the same name for which she wrote the screenplay. Inspired by Gray’s childhood summers in a “Borscht Belt” bungalow colony, the show depicts the life of a Brooklyn-accented Jewish family against the backdrop of the Apollo 11 moon landing, the Vietnam War and the Woodstock music festival.

The show opens on Pearl Kantrowitz (Talia Suskauer) looking out wistfully as she stands in front of her summer bungalow. Pearl, who became pregnant with her daughter at 16, is struggling with the concept of domestic life amid a decade filled with excitement and chaos. It’s nearing the end of the ‘60s, and she feels as though she had barely experienced it.

In contrast, Pearl’s husband, Marty (Max Chernin), is a TV repairman entirely resistant to change, even when it comes to the bakery where his “blackout” cake comes from. He’s only in the Catskills for the weekend though, leaving Pearl subject to her temptations for the rest of the week. These desires come in the form of Walker Jerome (Sam Gravitte), a hippie “blouse man” who plans to move to California. Before the curtain closes on Act I, Walker and Pearl begin an affair as a man lands on the moon — and are left to deal with the ramifications in the second act of the show.

Pearl’s journey of self-exploration parallels that of her teenage daughter Allison (Sophie Pollono), who is falling in love with Ross (Oscar Williams), a 16-year-old boy who describes himself as “Big Jewish Hendrix.” Allison, who first appears clutching a Joni Mitchell album, is a headstrong girl who speaks out against the state of the world in any way she can — she lambasts her brother’s cap gun and refuses to attend the colony’s 4th of July celebration. Ross is an aspiring musician who, though he admires the counter-culture singers of the time, is nervous to take tangible action of his own.

As the teenage couple discusses the changing world around them and finds connection over the music of Ross’ guitar, Pearl seeks to regain the teenage years that she lost, experimenting with marijuana, attending Woodstock and attempting to hide her affair from her children and her watchful mother-in-law, Lillian (Andréa Burns).

The moon landing means something different to each character: Allison views it as a U.S.  invasion analogous to Vietnam, Walker is inspired by the potential it symbolizes, Ross considers writing a song about it. Though daily life is primarily filled with mah jongg games and visits from the knish man, this tiny colony isn’t immune from the tumultuous time period. Walker discusses his brother who is missing in action and Ross contemplates burning his draft card, singing with Allison about the need for change, lest the “candle in the wind goes out.”

Some plot elements are a tad heavy handed, such as when Pearl buys a tie-dye shirt and sings a song with Marty about it (he finds her shirt too new and different) or the Jewish wives’ discussion and ensuing song about Betty Friedan (“keep your book, cuz we ain’t ready”). The show also glosses over some things, such as how Pearl explains her whereabouts while she’s with Walker and who manages her responsibilities while the two of them are together.

The musical numbers, coupled with dances performed in colorful capris and mod dresses, concern forbidden love, Saturday nights in the Catskills and the momentous nature of the moon landing. While none is particularly groundbreaking, they are well-performed; Suskauer is a vocal standout.

However, these critiques don’t detract from the show’s mission to recreate the Catskills bungalows once prominent in Jewish consciousness. The wives get farputst for dinner; Pearl is said to be “schtupping” the blouse man; the loudspeaker announces that “Shimmy the Pickle Man” is coming to town. The set, a bungalow amidst a sea of trees, creates a nostalgic and intimate ambience supplemented by projected video of the moon landing, protests and napalm bombs.

Catskills colonies are now few, and Woodstock is only a distant memory. For a few hours, though, one can imagine what it’s like to be in the summer of 1969, and Neil Armstrong is about to walk on the moon.

The post From a Catskills bungalow in 1969, you can almost see astronauts appeared first on The Forward.

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In Israel’s astonishing new reality, voters expect Netanyahu to try to sabotage elections

Two extraordinary recent developments illustrate how politically unsettled Israel is in advance of elections this year: Supreme Court Justice Noam Solberg, chairman of Israel’s Central Elections Committee, publicly outlined the legal conditions under which elections could possibly be postponed during a national emergency, and former Prime Minister Ehud Barak warned that Prime Minister Benjamin Netanyahu might try to sabotage elections and have to be physically removed from office.

The fact that such scenarios are now being openly discussed by figures at the center of Israel’s democratic system reveals how close the country’s democracy is to a breakdown  —  and the country’s character to a fundamental change.

For decades, Israel prided itself on maintaining democratic continuity under impossible conditions. Through wars, terror campaigns, coalition collapses and corruption scandals, there remained an unspoken assumption that elections would occur and governments would leave office when they lost.

Now, for the first time in Israeli history, a substantial portion of the public fears that this assumption no longer stands.

“If Netanyahu tries to sabotage the elections, we will have no choice but to drive him out with sticks and stones,” Barak said, speaking in Hebrew on Israel Radio.

The astonishing thing:  no one else on the program was astonished.

The unthinkable, now possible

The atmosphere surrounding the expected election, which must take place before the end of October, has become marked by increasingly apocalyptic rhetoric as Netanyahu faces negative polls. A poll by the Israel Democracy Institute found that 61% of Israelis believe Netanyahu should not run for reelection at all. Another poll found that 63% of Israelis fear for the future of Israeli democracy itself, while 56% said that internal divisions pose a greater threat to Israel than external enemies.

These are extraordinary numbers in a country historically defined by external security fears. Increasingly, many Israelis now believe the gravest threat facing the country is internal democratic collapse.

Justice Solberg’s remarks last week, which took place at a closed academic event and were reported later, added fuel to the fire.

Solberg, who is a conservative and considered politically sympathetic to Netanyahu, outlined six principles that would have to govern any decision to postpone elections, including a clearly defined plan for a return to normal electoral procedures.

Solberg emphasized that no election should be postponed merely because a crisis exists. Rather, authorities must demonstrate that the emergency has materially impaired the country’s ability to conduct free, equal and genuine elections. He concluded by expressing hope that Israel would never face circumstances requiring such a decision.

The fear that Israel is actually quite close to such a postponement cuts across much of Israeli society. I’ve heard it expressed by secular liberals, military veterans, former intelligence officials, legal scholars, journalists, centrist politicians, and even some conservatives who once supported Netanyahu enthusiastically. What unites them is the growing belief that Netanyahu now considers remaining in power to be an existential necessity — and that his radical base will back him no matter what outrage he attempts.

Yair Golan, former deputy IDF chief and leader of the opposition Democrats Party, has become one of the loudest voices warning that the danger is no longer theoretical. Golan warned publicly that Netanyahu’s camp could “sabotage, falsify, lie and intimidate” in order to remain in power. He also warned against attempts to alter election rules before voting takes place, and announced plans for extensive election monitoring operations to try to help safeguard the vote.

A decade ago, such statements from a senior Israeli political figure would have sounded deranged. Today, many Israelis hear them as sober preparation.

Inventing an emergency

Netanyahu’s current term, after a very close election in 2022, has been calamitous, starting with his hugely unpopular effort to eviscerate the judiciary, then continuing with the Oct. 7 Hamas massacre and a three-year multi-front war with unsatisfying conclusions. Most Israelis believe he extended at least one branch of the conflict, in Gaza, to satisfy ultranationalists in his coalition.

Which means there’s precedent for believing Netanyahu might invent or invite an emergency to further his personal goals.

One possibility is yet another external war, involving a manufactured escalation with Iran or Hezbollah, or in the West Bank, where radical settlers terrorize Palestinians while Israeli authorities look the other way. Another, and the most obvious, would involve a sudden change in the status of the Temple Mount — a goal toward which some far-right members of Netanyahu’s coalition have been agitating — or other combustible religious sites.

Any domestic route Netanyahu might choose would invite a direct confrontation between the executive branch and the judiciary over the legitimacy of democratic procedures themselves.

If the Supreme Court ruled against Netanyahu, many fear the coalition could refuse compliance outright. After all, Netanyahu has spent years seeding the idea that the Supreme Court — and also prosecutors, the attorney general, and the civil service — are liberal fronts which do not necessarily need to be obeyed.

Devaluing democracy

The columnist Ravit Hecht recently argued in Haaretz that significant portions of the coalition no longer merely oppose liberal democracy, but reject democracy itself.

As Netanyahu has increasingly aligned himself with these forces, Hecht wrote, he has adopted “more and more dictatorial characteristics,” leading to “real fear for the purity of the coming election or even that it will be held.”

At the same time, much of the right has mainstreamed conspiracy theories surrounding the Oct. 7 attack and the Gaza war. Because of the Netanyahu machine’s jackhammer agitprop, almost a third of Israelis now believe the “betrayal from within” theory in which Israel’s security services assisted Hamas on Oct. 7 to harm Netanyahu.

Figures such as Likud Knesset member Tally Gotliv have openly accused the Shin Bet, military officers, protest leaders, judges and the attorney general of betrayal or collaboration with Hamas. Instead of being marginalized, such rhetoric increasingly receives tacit acceptance from parts of the governing coalition.

Yediot Ahronot columnist Ben-Dror Yemini compared the phenomenon to the Nazi-era “stab-in-the-back” myth after World War I, which blamed Jews for Germany’s humiliation. Yemini warned that societies consumed by conspiracy theories eventually destroy trust in every institution capable of holding democracy together.

Given this level of agitation, it is fair to view Israel’s coming election as something far more significant than a contest between left and right or rival policy agendas. Increasingly, it looks like a referendum on whether the country remains the democracy it has always claimed — and largely managed — to be.

The post In Israel’s astonishing new reality, voters expect Netanyahu to try to sabotage elections appeared first on The Forward.

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