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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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Trump Says Iran Can Phone If It Wants to talk; Iranian Minister Heads to Russia

US President Donald Trump speaks about research into mental health treatments in the Oval Office of the White House in Washington, DC, April 18, 2026. Photo: REUTERS/Nathan Howard

President Donald Trump said on Sunday Iran could telephone if it wants to negotiate an end to their two-month war and stressed it can never have a nuclear weapon, after Tehran said the US should remove obstacles to a deal, including its blockade of Iran’s ports.

Hopes of reviving peace efforts receded on Saturday when Trump scrapped a visit to Islamabad by his envoys Steve Witkoff and Jared Kushner. Iranian Foreign Minister Abbas Araqchi shuttled to and from mediators Pakistan and Oman on Sunday before heading to Russia, where he is due to meet President Vladimir Putin.

Oil prices rose, the dollar inched higher and US stock futures wobbled lower in early Asia trade on Monday after the peace talks stalled, leaving Gulf shipping blocked.

“If they want to talk, they can come to us, or they can call us. You know, there is a telephone. We have nice, secure lines,” Trump told “The Sunday Briefing” on Fox News.

“They know what has to be in the agreement. It’s very simple: They cannot have a nuclear weapon, otherwise there’s no reason to meet,” Trump said.

Axios reported on Sunday, citing an unnamed US official and two sources with knowledge of the matter, that Iran gave the US a new proposal through Pakistani mediators on reopening the Strait of Hormuz and the ending of the war, with nuclear negotiations postponed for a later stage. The US State Department and White House did not immediately respond to requests for comment on the report.

Iran has long demanded Washington acknowledge its right to enrich uranium, which Tehran says it only seeks for peaceful purposes, but which Western powers say is aimed at building nuclear weapons.

Although a ceasefire has paused full‑scale fighting in the conflict, which began with US-Israeli strikes on Iran on February 28, no agreement has been reached on terms to end a war that has killed thousands, driven up oil prices, fueled inflation and darkened the outlook for global growth.

TRUMP FACES DOMESTIC PRESSURE TO END WAR

With his approval ratings falling, Trump faces domestic pressure to end the unpopular war. Iran’s leaders, though weakened militarily, have found leverage in negotiations with their ability to stop shipping in the economically vital Strait of Hormuz, which normally carries a fifth of global oil shipments.

Tehran has largely closed the strait while Washington has imposed a blockade of Iranian ports.

Before heading to Russia, Araqchi returned to Islamabad after holding talks on Sunday in Oman.

Iranian state media said Araqchi discussed security in the strait with Omani leader Haitham bin Tariq al-Said and called for a regional security framework free of outside interference.

Araqchi said on X that the focus of his Oman talks “included ways to ensure safe transit that is to benefit of all dear neighbors and the world.”

Iran’s semi-official Tasnim news agency said topics for Araqchi’s talks with Pakistani officials included “implementing a new legal regime over the Strait of Hormuz, receiving compensation, guaranteeing no renewed military aggression by warmongers, and lifting the naval blockade.”

Iran’s envoy in Russia, Kazem Jalali, said in a post on X that Araqchi would meet with Putin “in continuation of the diplomatic jihad to advance the country’s interests and amid external threats.”

“Iran and Russia are present in a united front in the campaign of the world’s totalitarian forces against independent and justice-seeking countries, as well as countries that seek a world free from unilateralism and Western domination,” Jalali said.

On Saturday, Trump said he canceled his envoys’ visit due to too much travel and expense for what he considered an inadequate Iranian offer. Iran “offered a lot, but not enough,” he said.

Iranian President Masoud Pezeshkian told Pakistani Prime Minister Shehbaz Sharif by phone on Saturday that Tehran would not enter “imposed negotiations” under threats or blockade, an Iranian statement said.

He said the United States should first remove obstacles, including its maritime blockade, before negotiators could begin laying the groundwork for a settlement.

US AND IRAN HAVE EXTENSIVE DISAGREEMENTS

Disagreements between the US and Iran extend beyond Tehran’s nuclear program and control of the strait.

Trump wants to limit Iran’s support for its regional proxies, including Hezbollah in Lebanon and Hamas in Gaza, and curb its ability to strike US allies with ballistic missiles. Iran wants sanctions lifted and an end to Israeli attacks on Hezbollah.

After the latest diplomatic trip was called off, two US Air Force C-17s carrying security staff, equipment and vehicles used to protect US officials flew out of Pakistan, two Pakistani government sources told Reuters on Sunday.

Trump said on Saturday there was “tremendous infighting and confusion” within Iran’s leadership.

Pezeshkian said last week there were “no hardliners or moderates” in Tehran and that the country stood united behind its supreme leader.

The war has destabilized the Middle East. Iran has struck its Gulf neighbors and conflict between Israel and Iran-backed Hezbollah in Lebanon has been reignited.

In Lebanon, Israeli strikes killed 14 people and wounded 37 on Sunday, the health ministry said.

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Seismic shift in Israeli politics as opposition leaders Lapid and Bennett form joint party

(JTA) — Yair Lapid and Naftali Bennett teamed up once before to unseat Israeli Prime Minister Benjamin Netanyahu, striking an unusual power-sharing deal after Israel’s 2021 election that briefly ousted Netanyahu from power.

Now, the two men are going even further in seeking to repeat their feat. Lapid and Bennett announced on Sunday that they would run in this year’s election in a shared party called Yachad, or Together.

“Our unity is a message to the entire people of Israel: The era of division is over. The era of correction has arrived,” Bennett said at a press conference announcing the collaboration.

The two men are betting that Israelis will see their coming together as an antidote to the polarization that has deepened under Netanyahu, who was reelected in late 2022 after an 18-month interlude in which Bennett was prime minister for a year and Lapid for six months. They hope that Lapid’s centrist supporters and Bennett’s center-right backers can overlook policy differences, which they acknowledged, for the greater good of the country.

Their announcement invigorated some Israelis on Sunday who believe it is essential to unseat Netanyahu, who has been prime minister for about 14 of the last 17 years and who is facing both criminal prosecution and calls to reckon with the security failures that led to Hamas’ Oct. 7, 2023, attack on Israel. Many of them are willing to make compromises on policy nuances to achieve that goal.

But the union also ignited scorn on the right, as even some who might prefer to see Netanyahu unseated said they could no longer support Bennett if he is working with Lapid, whom they perceive as left-wing. Both Netanyahu and his far-right coalition partners posted on social media suggesting that Yachad would partner with Arab parties or even do the bidding of the Palestinian Authority’s Mahmoud Abbas. Itamar Ben-Gvir, the national security minister, posted an AI-generated image of Abbas presiding at a wedding of Lapid and Bennett, whom he called “an extreme leftist.”

Neither Bennett nor Lapid has prioritized resolving the Israeli-Palestinian conflict or supported the creation of a Palestinian state. Their 2021 coalition included an Israeli Arab party.

Current polls show that the two men alone would not garner enough votes to be able to form a coalition on their own this year. But they could negotiate to add other parties to reach a governing majority either before or after the election, which must be held before the end of October. Gadi Eisenkot, a former army chief of staff who launched his own party last year, reportedly called for a three-way union earlier this year.

Their union in some ways resembles the pre-election alliance-building conducted by Peter Magyar in Hungary, who recently unseated Netanyahu’s ally Viktor Orban there. Many Israeli critics of the current government see the election in Hungary as a template for what could happen in Israel.

In the lead-up to the Yachad announcement, Bennett in particular announced some personal policy shifts that could make him more palatable to centrist and non-Orthodox voters. He said that he would now support same-sex unions in Israel and back public transportation operating on Shabbat.

This article originally appeared on JTA.org.

The post Seismic shift in Israeli politics as opposition leaders Lapid and Bennett form joint party appeared first on The Forward.

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His kippah was a symbol of coexistence. Israeli police officers seized and destroyed it.

(JTA) — Alex Sinclair had no idea what would follow when he posted a picture of his mutilated kippah to Facebook on Thursday.

Sinclair, who lives in central Israel, described being detained by police officers who told him that his kippah, which had both the Israeli and Palestinian flags woven in, was illegal. When he was released from their custody, he was allowed to take his kippah home — but only after the Palestinian flag was cut out, leaving him with roughly half a head-covering.

To Sinclair, a British-born writer and educator whose books include “Loving the Real Israel: An Educational Agenda for Liberal Zionism,” the situation was galling, and not just because he had been accused of breaking a law that does not exist.

“She’d taken my possession, a religious ritual object, something that is very dear to my heart, and destroyed it,” he wrote about the officer who returned his kippah. He added, “That was it. I walked home, shaken, angry, depressed.”

A day after publishing his account of the encounter, eliciting hundreds of almost universally supportive comments, Sinclair said he had not heard from anyone in the government about his Facebook post or the complaint he filed on the Israel Police website.

But he had gotten offers of legal aid; calls from left-wing politicians, including Yair Golan; and even Shabbat flowers from a prominent liberal activist. His phone had been ringing off the hook with calls from journalists, and someone he barely knows was planning a rally for outside the police station in Modiin where he was detained.

“I’ve never experienced anything like this,” Sinclair said in an interview with the Jewish Telegraphic Agency on Friday afternoon.

The Israel Police has acknowledged the incident, saying publicly that a man had been detained after they were contacted about his kippah and had been released “following a clarification process.” They said the official complaint about the incident prevented further comment.

Sinclair said he thought the image of the defiled kippah was resonant for Jews who instinctively associated it with centuries of antisemitism. But he said he wondered whether the depth of the response reflected something else, too.

After the ceasefire in the Iran war, Israelis were “beginning to be able to breathe a little bit and look above the parapet and just sort of see, OK, maybe we can start to think about the future in a way that we really weren’t able to as a society for the past couple of years,” he said. Now, the thought for many is: “If we are looking ahead, oh my God, is this what is in store for us?”

The incident comes amid a broad crackdown on Palestinian symbols in public spaces, and allegations that police, who have come under the control of a far-right minister, are increasingly intimidating liberal activists.

Soon after being named national security minister in January 2023, Itamar Ben-Gvir told Israeli police officers to exercise wide latitude in removing Palestinian national flags from public places in order to preserve public order. He characterized the flag as a terrorist symbol, even though it is legal in Israel.

“It cannot be that lawbreakers wave terrorist flags, incite and encourage terrorism, so I ordered the removal of flags supporting terrorism from the public space and to stop the incitement against Israel,” he said at the time. Following the Oct. 7 attack on Israel later that year, the crackdown intensified even more.

During the same period, the police have been accused of using inappropriate force against people protesting against the right-wing government. Sinclair said he was concerned about the threats to liberal values in his chosen country.

“The job as a police officer is not to police people’s political opinions,” he said. “That happens in other countries that we don’t want to become.”

Among the hundreds of people responding to Sinclair’s Facebook post were many who echoed that sentiment — even while saying they did not share his appreciation for the Palestinian flag. (Elsewhere in Israel and online, Sinclair drew more scorn.)

“While I don’t agree with your choice of kippa, I do agree you have every right to wear it,” wrote one commenter. “This is awful and I’m sorry you experienced it. And I hate that this is where we are now, that someone could be detained for something like this.”

Gilad Kariv, a Reform rabbi and member of the opposition in Israel’s parliament, said in a statement that there was “systemic madness” within the Israel Police and that he believed a criminal investigation and civil lawsuit would be appropriate. He also called for introspection.

“If police officers had cut off a Jew’s kippah in any other country in the world, there would have been an uproar here in Israel,” Kariv wrote.

Sinclair said the kippah that was destroyed was not his first with the same design. After the wind blew away the first one, which he had custom-made by a popular Jerusalem vendor nearly 20 years ago, he ordered a replacement — that’s how motivated he was to wear his values on his head.

“I’m a Zionist, and I believe in the Jewish people’s right to self-determination in this part of their historic homeland. And I also think that the Palestinians are also people who have a right to self-determination in part of this place, which is also their historic homeland,” Sinclair said.

“By the ironies of history, the same chunk of land ended up being a place where two peoples have a legitimate connection, and we have to figure that out,” he continued. “People from both sides who want to delegitimize or erase the other side forget about whether they’re being nice or nasty; they’re just not being true to history.”

That was once a relatively widely held view among Israelis and Jews around the world. But decades of failed peace efforts, violent attacks on Israelis from Palestinian terrorists, and increasing extremism among both Jews and Arabs have caused a two-state solution to fall sharply out of favor during that period.

Sinclair says he sees himself as a peace activist, though he called the term “grandiose” and said, “I’ve got a lot of respect for people whose life is much more about the activism than mine.”

What he is, he says, is a Jew who loves Israel and is scared for its future. His next book, out this fall, will tackle what he believes is “a struggle for the soul of the Jewish people,” a topic on which he has suddenly become an unwilling case study.

On one side, he said, are far-right extremists, including Ben-Gvir, who “want a kind of Judaism and an Israel which doesn’t have a place for all kinds of things that feel very important to me,” including egalitarianism, Palestinians and left-leaning politics. (That side, he noted, is currently advancing legislation that would ban egalitarian prayer at the Western Wall.) On the other, he said, are those who promote an Israel that “is open and pluralist,” one in which people tolerate people who practice Judaism in ways they would not and hold values they do not.

“We’re in a struggle between these two versions of Judaism and versions of Zionism,” Sinclair said. “I very much hope that we’ll win the struggle. I think it’s not too late to win that struggle. … But it’s not a slam-dunk. And we, the Jewish people, are in real trouble if we lose.”

Sinclair believes his book could help turn that lofty vision into a how-to guide for Israeli liberals. But he also has more practical concerns, like where to get another kippah. He isn’t sure the vendor who made it before will be willing to do so again. And this time, it’s not just him but many of his friends who say they are interested in getting their hands on one.

“Some bright lefty entrepreneur,” he joked, “has got a big money-making opportunity there.”

This article originally appeared on JTA.org.

The post His kippah was a symbol of coexistence. Israeli police officers seized and destroyed it. appeared first on The Forward.

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