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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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European Countries Join France in Demanding Anti-Israel UN Special Rapporteur Albanese’s Resignation

Francesa Albanese, the United Nations special rapporteur on the situation of human rights in the Palestinian territories, speaks at a conference, “A Cartography of Genocide” Israel’s Conduct in Gaza,” at the Roma Tre University, in Rome, Italy, Oct. 6, 2025. Photo: REUTERS/Remo Casilli

Top diplomats from Austria, Germany, Italy, and the Czech Republic have joined France in calling for the resignation of the United Nations’ special rapporteur on the human rights situation in the Palestinian territories, Francesca Albanese, who has an extensive history of using her role to denigrate Israel and seemingly rationalize the terrorist group Hamas’s attacks against the Jewish state.

Earlier this week, French Foreign Minister Jean-Noël Barrot accused Albanese of being “a political activist who stirs up hate” after she delivered yet another inflammatory tirade against Israel, this time at an Al Jazeera forum in Doha, prompting renewed calls for her resignation.

He described Albanese’s “outrageous and reprehensible remarks” as targeting “not the Israeli government, whose policies may be criticized, but Israel as a people and as a nation, which is absolutely unacceptable.”

The top French diplomat announced that France will demand Albanese’s resignation “with firmness” at this month’s United Nations Human Rights Council session.

Despite her history of antisemitic statements, the United Nations has consistently refused to fire Albanese, citing her status as one of its “independent experts.”

Now, officials in Austria, Germany, Italy, and the Czech Republic have aligned with France in demanding Albanese’s removal, warning that she continues to spread hatred under the cover of her official role.

Italian Foreign Minister Antonio Tajani said Albanese’s “conduct, statements, and initiatives are not appropriate for the position she holds within an organization dedicated to peace and security.”

Austrian Foreign Minister Beate Meinl-Reisinger accused Albanese of “spreading incitement” in a way that “undermines the impartiality and highest standards that the role of a UN representative requires.”

German Foreign Minister Johann Wadephul called her “untenable in her position,” noting that she “has made numerous inappropriate remarks in the past.”

Albanese sparked fresh outrage after seemingly calling Israel a “common enemy of humanity,” drawing sharp condemnation from diplomats and human rights advocates worldwide.

Speaking at the Al Jazeera forum in Qatar last weekend, she accused Israel of “planning and carrying out a genocide” during the country’s defensive war against Hamas.

“It’s also true that never before has the global community seen the challenges that we all face, we who do not control large amounts of financial, algorithms, and weapons,” Albanese said, appearing to invoke a long-standing antisemitic conspiracy that Jews control wealth and technology.

She also accused Western nations of being complicit in the so-called “genocide” by supplying arms and financing Israel, while claiming that Western media helps defend the Jewish state by “amplifying the pro-apartheid, genocidal narrative.”

Facing mounting backlash and renewed calls for her resignation, Albanese defended herself, insisting that her comments targeted a “system” that allowed a “genocide” to unfold in Gaza.

In an interview with France 24, Albanese rejected the allegations against her as “completely false accusations” and “manipulation.”

“I have never, ever, ever said ‘Israel is the common enemy of humanity,’” she said.

On Thursday, Stéphane Dujarric, spokesman for UN Secretary-General António Guterres, acknowledged disagreement with Albanese’s statements, emphasizing that her language does not reflect the tone or approach of the United Nations.

“If member states are not happy with what one or more of the special rapporteurs are saying, it is their responsibility to get involved in the work of the Human Rights Council … and push for the direction they wish to push for,” Dujarric said in a statement.

On the contrary, UN human rights spokesperson Marta Hurtado defended Albanese, stressing concerns over personal attacks and misinformation targeting UN officials.

“We are very ‌worried. We are concerned that ‌UN ⁠officials, independent experts and ⁠judicial officials, are increasingly subjected to personal attacks, threats and misinformation that distracts from the serious human rights issues,” Hurtado said in a statement. 

Since taking on the role of UN special rapporteur on human rights in the Palestinian territories in 2022, Albanese has been at the center of controversy due to what critics, including US and European lawmakers, have described as antisemitic and anti-Israel public remarks.

Last year, the UN Human Rights Council (UNHRC) faced intense pressure to block Albanese’s reappointment for another three-year term, with several countries and NGOs urging UN members to oppose the move due to her controversial remarks and alleged pro-Hamas stance.

Despite significant pressure and opposition, her mandate was confirmed to extend until 2028.

In her long history of antisemitic remarks, Albanese has referred to a “Jewish lobby” controlling the US and Europe, compared Israel to Nazi Germany, and stated that Hamas’s violence against Israelis — including rape, murder, and kidnapping — needs to be “put in context.”

Last year, the United Nations launched a probe into Albanese for allegedly accepting a trip to Australia funded by pro-Hamas organizations.

In the past, she has also celebrated the anti-Israel protesters rampaging across US college campuses, saying they represent a “revolution” and give her “hope.”

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France Marks 20th Anniversary of Ilan Halimi’s Death as Macron Condemns Rising Antisemitism

France’s President Emmanuel Macron speaks during a ceremony commemorating the 20th anniversary of the murder of Ilan Halimi, a 23-year-old French Jew who was tortured and murdered in 2006, at The Elysee Presidential Palace in Paris, France, Feb. 13, 2026. Photo: BERTRAND GUAY/Pool via REUTERS

France on Friday marked the 20th anniversary of the death of Ilan Halimi — the young Jewish man who was brutally tortured to death in 2006 — as Jewish leaders and government officials sounded the alarm over a relentless wave of antisemitism that continues to shadow the nation.

Local communities across France planted olive trees in Halimi’s memory as part of a nationwide initiative responding to the recent surge in antisemitic incidents.

“Twenty years after Ilan Halimi’s death, the situation has only worsened,” Yonathan Arfi, president of the Representative Council of Jewish Institutions of France (CRIF), the main representative body of French Jews, said during a commemorative ceremony at the Élysée Palace in Paris.

“Antisemitic prejudice is spreading, even among the youngest generations,” he continued. “Schools, once safe havens, can no longer shield children from this hatred.”

French President Emmanuel Macron also attended the ceremony, condemning what he called an “antisemitic hydra” that has spread into “every corner” of French society over the past two decades.

During the tribute, Macron called for elected officials convicted of “antisemitic, racist, or discriminatory acts and statements” to face mandatory disqualification from public office, insisting that politicians must act as “guardians of the Republic.”

“Far too often, those who commit antisemitic crimes face sentences that are shockingly light,” Macron said. “We must ensure transparency and accountability by closely monitoring every ruling and sanction.”

“The government and Parliament will take decisive action to strengthen laws against antisemitic and racist acts,” he continued, vowing a tougher, more consistent approach to combating hatred.

Halimi was abducted, held captive, and tortured in January 2006 by a gang of about 20 people in a low-income housing estate in the Paris suburb of Bagneux.

Three weeks later, he was found in Essonne, south of Paris, naked, gagged, and handcuffed, with clear signs of torture and burns. The 23-year-old died on the way to the hospital.

In 2011, an olive tree was planted in Halimi’s memory. In August, the memorial was found felled — probably with a chainsaw — in Epinay-sur-Seine.

Halimi’s memory has faced attacks before, with two other trees planted in his honor vandalized in 2019 in Essonne.

On the 20th anniversary of his death, IFOP — France’s leading pollster — released a report showing that antisemitic stereotypes about Jews, their wealth, and perceived communal solidarity remain widespread, revealing how deeply such prejudices persist in French society.

“The case of Ilan Halimi shows the deadly consequences of antisemitic prejudice,” Yossef Murciano, president of the French Union of Jewish Students (UEJF), which commissioned the study, said in a statement.

“Twenty years later, remembering him means rejecting the idea that a Jew could be attacked or killed simply for being Jewish,” he continued. 

According to the newly released report, one in four French people still believe Jews are wealthier than others, while 69 percent perceive them as a closely united community.

The poll also found that 44 percent of the overall population are unaware of Halimi’s case, with 73 percent of 18–24-year-olds having never heard of it. 

Even though 25 percent of young adults believe that Jews “make too much of” antisemitism, 76 percent of French citizens say a tragedy like Halimi’s could happen again today.

“The change is undeniable: antisemitism is not fading, but evolving. It shows less as overt biological hatred and more as suspicion, expressed through narratives of power, influence, and money. It is becoming diffuse, normalized, sometimes even politically justified — and now, more than ever, it often takes the shape of anti-Zionism,” Murciano said.

According to the latest statistics, 47 percent of young adults believe the existence of the State of Israel is unjustified. 

The report also found that half of respondents view Zionism as a racist ideology, while 35 percent see it as an international organization aiming to influence the world for the benefit of Jews — reflecting long-standing conspiratorial stereotypes.

The data followed the French Interior Ministry’s releasing its annual report on anti-religious acts on Thursday. The report revealed a troubling rise in antisemitic incidents documented in a joint dataset compiled with the Jewish Community Protection Service.

Antisemitism in France remained at alarmingly high levels last year, with 1,320 incidents recorded nationwide, as Jews and Israelis faced several targeted attacks amid a relentlessly hostile climate despite heightened security measures, according to the published data.

Although the total number of antisemitic outrages in 2025 fell by 16 percent compared to 2024’s second highest ever total of 1,570 cases, the newly released report warned that antisemitism remained “historically high,” with more than 3.5 attacks occurring every day.

Over the past 25 years, antisemitic acts “have never been as numerous as in the past three years,” the report said, noting a dramatic spike following the Hamas-led invasion of and massacre across southern Israel on Oct. 7, 2023.

Even though Jews make up less than 1 percent of France’s population, they accounted for 53 percent of all religiously motivated crimes last year.

Between 2022 and 2025, antisemitic attacks across France quadrupled, leaving the Jewish community more exposed than ever.

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Princeton University Anti-Zionist Group Cancels Norman Finkelstein Lecture, School Says He’s ‘Welcome’ to Come Back

Norman Finkelstein participating in pro-Hamas demonstration in New York City in April 2024. Photo: ZUMA Press Wire via Reuters Connect

Princeton University’s Students for Justice in Palestine (SJP) chapter has canceled this year’s annual lecture by Norman Finkelstein, a stridently anti-Israel activist and political scientist who for years has been one of the West’s most outspoken critics of the Jewish state.

“We regret having to inform you on such short notice, but due to unforeseen circumstances involving new university policy, this event has been canceled. There are no confirmed plans at this stage for a rescheduled date,” SJP said in a statement. “Please help share this to all who were planning to attend.”

Finkelstein, who has been criticized for reprising antisemitic conspiracies of Jewish influence and power, has remained a regular on Princeton University’s speaking circuit thanks to SJP. As previously reported by The Algemeiner, SJP chapters across the US have been involved in assaulting Jewish students, stalking Jewish and Israeli faculty, and destroying university property during illegal occupations of school grounds.

Princeton University, which at one time had notoriously imposed disciplinary sanctions on conservatives and Zionists that are generally reserved for alleged sexual predators, has not stopped Finkelstein, who was born to Jewish Holocaust survivors, from coming to campus.

Writing in 2000 that the Holocaust, in which 6 million Jews were murdered by the Nazi regime, has become an “industry” for Jews and Israelis to exploit, Finkelstein charged that a “handful of American Jews have effectively hijacked the Nazi Holocaust to blackmail Europe” and “divert attention from what is being done to the Palestinians,” whom he describes as unwilling subjects of an “apartheid” country. Meanwhile, he derided advocates of Holocaust commemoration as a “repellant gang of plutocrats, hoodlums, and hucksters.”

Finkelstein, according to The Princeton Tory, is also on record calling a Princeton student who served in the Israel Defense Forces (IDF) a “concentration camp guard” during a campus event, an allusion to false accusations that Israel is committing a genocide against a Palestinian people whose population, according to the Palestinian Bureau of Statistics has “doubled about ten times since” Israel’s founding in 1948.

In other Princeton events, Finkelstein has said it is acceptable to “shoot them dead,” referring to Israelis,” and said that Israeli Jews are “drinking the blood of those children.”

Writing to The Algemeiner on Friday, Princeton University noted that the institution did not disinvite Finkelstein and that SJP is “welcome” to have him back.

“Princeton University did not disinvite Norman Finkelstein,” a university spokesperson said. “The event could not take place as scheduled because the student organizers did not register it with the required advance notice. We require advance notice for logistical planning, a requirement that is unrelated to the content of this or any event.”

Princeton University has long been a hub of antisemitism on campus, often propagated by anti-Zionist activists who present their call for the destruction of Israel as being consistent with progressive values.

In 2023, week before Hamas’s Oct. 7 massacre in southern Israel, Princeton appeared to defend a professor’s assigning his students a book which accuses the Israel Defense Forces of “maiming” Palestinians and harvesting their organs. The book, Rutgers University professor Jasbir Puar’s The Right to Maim, is widely denounced as “pseudo-scholarship” for trafficking in antisemitic blood libels rooted in medieval conspiracies charging that Jews murdered Christian children and drank their blood during the holiday of Passover.

Princeton University President Christopher L. Eisgruber addressed the issue at a faculty meeting at the time, defending the work’s inclusion in Princeton’s curriculum as a routine of academic freedom.

“It has unfortunately become common for university faculty members here and elsewhere to become the target of viral social media storms focused on controversial materials that they assign or teach,” Eisgruber said during a faculty meeting. “That has sometimes extended to demands that the university should ban or condemn a book, cancel a course, or discipline a professor.”

He continued, “We, of course, will not do that. Academic freedom protects your right to decide what to teach and how to teach it. That right, like the right to free speech on campus, is very broad indeed, and we will protect it.”

One year later, students marked the first anniversary of the Oct. 7 massacre by vandalizing the Princeton University Investment Company (PRINCO), splattering red paint on the entrance door and graffitiing the perimeter of the building with the slogan “$4genocide.”

Since March 2025, Princeton remains under federal investigation for allegedly ignoring campus antisemitism.

Follow Dion J. Pierre @DionJPierre.

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