Connect with us

Uncategorized

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.

Continue Reading

Uncategorized

The Israel news we don’t hear – and the forces that silence us

I spent part of Shabbat reading about the stunning performance of the Israeli stock market — which is up dramatically since Oct. 7, outpacing the gains of the S&P by a significant margin.

The 35 Israeli stocks with the largest market capitalizations are up a whopping 90 percent since Oct. 7. Meanwhile, the S&P 500 was up 60 percent during that same time period.

I wondered why I had not read more about this, and was struck by what Eugene Kandel, the chairman of the Tel Aviv Stock Exchange, told Investors Business Daily.

“Israel was, and still is, under a PR attack from ideological actors, who finance huge campaigns against us,” Kandel said. “But even during these two years, the collaboration with so many organizations, companies, governments and investors did not stop despite threats and protests.”

Why aren’t we hearing about those collaborations?

Then the news of the Bondi Beach Hanukkah shooting broke. Instantly, all the peace of Shabbat dissipated, along with all the thoughts of collaborations — and who is covering what and why, and in which language.

Instead, I thought again of how terrorists worldwide seem to own a well-thumbed Jewish calendar. The date and timing of this massacre — on yet another Jewish holiday — was no accident, and Jews around the world know this.

We are living through a sustained campaign to make Jews afraid to be Jews. Attacks on Jewish holidays are an effort to erase Jewish joy, Jewish observance, and in the case of Hanukkah, Jewish history.

And perhaps we are also under a sustained campaign to minimize Jewish achievement.

Some politicians take notice

Some politicians are making efforts to look at the often-exhausting layers of what is happening and find ways to name them.

I appreciate the effort to find language for all of this. Representative Brian Mast, the chair of the House Foreign Affairs Committee and a Florida Republican, commented that he discerns a “very specific network that is in place that works together to sow antisemitism that is now, in many cases, working on the left and right across the media, to go out there and put this wedge in this relationship.”

He was referring to the U.S.-Israel connection.

Speaking at a Hudson Institute conference on antisemitism, he called this network a “very, very serious global threat across multinational organizations, media across the globe and adversaries and terrorist organizations.”

When he said “media,” I thought of the minimal coverage of the Israeli stock exchange and the strength of Israeli stocks.

The relief of acknowledgment

I felt a strange sigh of relief as I read Mast’s comments. It was the relief of actual acknowledgment. It was the relief of hearing someone trying to name things, even though I’m not sure if “network” is the best possible word.

Because something must be said.

What I noticed the day after the Bondi Beach massacre was the deep silence. The silence came from so many people that maybe “network” was the right word for it.

I went to a non-denominational holiday party this week, and no one mentioned what had happened in Australia. I wondered what the conversation would have been like if the shooting had happened at a Christmas tree lighting, or a drag story hour that turned into carnage. What would the conversation have been if any other group, but the Jewish community, had been targeted?

It’s unlikely that there would be total silence. Total non-acknowledgment. No words in a room of people who work with words.

The threat we face is not just the threat Representative Mast detailed, or the PR threat Kandel described. It’s also the silence, a silence so loud that it is visible as candlelight in the darkness.

How to respond to silence

I don’t know how to answer silence, but maybe some wiser people out there do.

Late last night, I saw a reel of a very long line of cars with menorahs on their roofs driving along the New York State Thruway, not far from the Palisades Mall, just a short drive from where I grew up.

The line of cars went on and on. The silent message was Do not be afraid. And I saw it as a response to Bondi Beach.

I hope there are more Hanukkah menorahs lit tonight, not less. And I also hope that we can consider bringing layers of truth into the light. Sometimes, layers represent both a dose of reality and an antidote against despair.

Yes, a father and son attacked the Jewish community on a holiday. But it is deeply important and also true that an unarmed Muslim father and fruit seller named Ahmed al Ahmed jumped on one of the gunmen and undoubtedly saved many lives.

The video of that heroic act should be watched by all.

It is a reminder that perhaps there is another “network” out there, a network of those who object to hatred. And it is a reminder that generalizations can only take us so far; as my mentor James Alan McPherson taught me, a story is about an individual at an individual moment in time.

Ahmed al Ahmed showed us all the power of an individual. And the power of a single layer in any truth, and in any story.

As for all those under-discussed Israeli companies holding on in wartime, through boycotts, pushing up the index by 90 percent since the worst day in Israeli history, continuing to collaborate with partners around the globe despite a PR onslaught to isolate them — even in this darkness, and in this silence, we see you.

The post The Israel news we don’t hear – and the forces that silence us appeared first on The Forward.

Continue Reading

Uncategorized

Zohran Mamdani visits the Rebbe’s Ohel, increasingly a pilgrimage site for politicians

(New York Jewish Week) — Zohran Mamdani visited the gravesite of the Chabad-Lubavitch movement’s late leader on Monday, one day after the shooting that killed 15 people at an Australian Hanukkah event hosted by Chabad.

Yaacov Behrman, a Crown Heights activist who works as a PR liaison for Chabad, said Mamdani reached out about visiting the gravesite, known as the Ohel.

“Following the terrorist attack in Sydney, Australia, the mayor-elect asked to visit the Ohel to pay his respects and came last night,” said Behrman, who was present during Mamdani’s visit.

The New York City mayor-elect did not publicly share anything about his visit to the Ohel on Monday, but a photo obtained and posted by Forward journalist Jacob Kornbluh showed Mamdani wearing a black velvet kippah standing at the gravesite.

Mamdani had shared a lengthy statement on Sunday morning calling the Bondi Beach attack a “vile act of antisemitic terror.”

“I mourn those who were murdered and will be keeping their families, the Jewish community, and the Chabad movement in my prayers,” Mamdani wrote.

Mamdani specifically mentioned Rabbi Eli Schlanger, who was killed in the attack, and his “deep ties to Crown Heights,” the Brooklyn neighborhood that is home to the headquarters of the Chabad-Lubavitch movement.

“What happened at Bondi is what many Jewish people fear will happen in their communities too,” Mamdani wrote.

Monday marked Mamdani’s first known visit to the Ohel, which is in the Old Montefiore Cemetery in Queens, and is a site with particular significance for adherents and admirers of the Chabad movement. It is the resting place of the movement’s two most recent leaders: Menachem Mendel Schneerson, known as the Lubavitcher Rebbe, and his father-in-law, Yosef Yitzchak Schneerson.

In recent years, it has become an oft-visited site by Jewish and non-Jewish politicians and public figures.

The Ohel draws 1 million visitors per year, according to Chabad’s website, who are “religious and not, laypeople and leaders, Jews and non-Jews, each one coming to pray, seek inspiration and find solace.”

Mamdani’s predecessor, Mayor Eric Adams, has visited the Ohel at least seven times, and has said that he finds himself there during “the most difficult days” of his life. President Donald Trump visited the Ohel to mark the first anniversary of Hamas’ Oct. 7, 2023, attack on Israel.

Other visitors to the site in the last five years include Ivanka Trump; New York Gov. Kathy Hochul; then-Long Island congressman Lee Zeldin, who is Jewish and now heads Trump’s EPA; Robert F. Kennedy, Jr. during his presidential candidacy; Rep. Mike Lawler; Sen. Kirsten Gillibrand; and New Jersey Sen. Cory Booker. Argentinian president Javier Millei and Sara Netanyahu, the wife of Israeli Prime Minister Benjamin Netanyahu, have both visited from abroad.

“There’s nothing opulent about it,” Rabbi Motti Seligson, a Chabad spokesperson, told the Free Press during a tour of the Ohel in early 2025.

Visitors have found deep meaning in their time in the open-roofed mausoleum. Booker, who prays at the Ohel on the eve of his elections, told the Free Press that he finds “something universally spiritual about that sacred space” even though he is not Jewish.

“I find my visits are both grounding and expanding,” Booker said.

Mamdani’s visit to the Ohel comes as Chabad officials and Jewish leaders are doubling down on their efforts to celebrate Hanukkah with public menorah lightings around New York City. Those events have surged in attendance in the wake of the Bondi Beach attack.

The visit is Mamdani’s most recent appearance in a primarily Orthodox Jewish space as he seeks to overcome skepticism among many Jewish voters who were turned off by Mamdani’s opposition to Israel. Voters in Crown Heights, where the Chabad-Lubavitch community is headquartered, turned out heavily for Andrew Cuomo in November’s general election.

The mayor-elect attended a celebration by the Satmar Hasidic sect last week, which is anti-Zionist for religious reasons. He was endorsed by a Satmar rabbi, Moishe Indig, and was welcomed to a sukkah by Indig in the fall.

During the Democratic primary, he made an appearance at a breakfast organized by the Council of Jewish Organizations of Flatbush, where there was a large Orthodox Jewish population.

The photo of Mamdani at the Ohel circulated in Jewish WhatsApp groups, and has been shared by some local Chabad chapters’ social media pages.

“His decision to go was surprising,” Chabad Virginia Beach wrote in an Instagram post. “But we all know that when light and darkness meet, light has the power to transform. And this place is a place of light.”

The post Zohran Mamdani visits the Rebbe’s Ohel, increasingly a pilgrimage site for politicians appeared first on The Forward.

Continue Reading

Uncategorized

Iran Opposes Grossi’s UN Secretary-General Candidacy, Accuses Him of Failing to Uphold International Law

UN nuclear watchdog chief Rafael Grossi holds a press conference on the opening day of the International Atomic Energy Agency’s (IAEA) quarterly Board of Governors meeting in Vienna, Austria, Sept. 8, 2025. Photo: REUTERS/Elisabeth Mandl

Iran has publicly opposed International Atomic Energy Agency (IAEA) Director-General Rafael Grossi’s potential appointment as UN Secretary-General next year, accusing him of failing to uphold international law by not condemning US and Israeli strikes on Iranian nuclear sites during the 12-day war between Iran and Israel in June.

During a UN Security Council meeting on Monday, Iran’s Ambassador to the UN, Amir Saeid Iravani, sharply criticized Grossi, calling him unfit” to serve as UN Secretary-General next year, Iranian media reported. 

“A candidate who has deliberately failed to uphold the UN Charter — or to condemn unlawful military attacks against safeguarded, peaceful nuclear facilities … undermines confidence in his ability to serve as a faithful guardian of the charter and to discharge his duties independently, impartially, and without political bias or fear of powerful states,” the Iranian diplomat said. 

With UN Secretary-General Antonio Guterres’ term ending in December next year, member states have already begun nominating candidates to take over the role ahead of the expected 2026 election.

Since the start of the war in Gaza, Israel’s relationship with Guterres has spiraled downward, reaching a low point last year when then-Foreign Minister Israel Katz labeled the UN “antisemitic and anti-Israeli” and declared Guterres persona non grata after the top UN official failed to condemn Tehran for its ballistic missile attack against the Jewish state.

Last week, Argentina officially nominated Grossi to succeed Guterres as the next UN Secretary-General.

To be elected, a nominee must first secure the support of at least nine members of the UN Security Council and avoid a veto from any of its five permanent members — the United States, China, Russia, the United Kingdom, and France. 

Afterward, the UN General Assembly votes, with a simple majority needed to confirm the organization’s next leader.

As head of the UN’s nuclear watchdog since 2019, Grossi has consistently urged Iran to provide transparency on its nuclear program and cooperate with the agency, efforts the Islamist regime has repeatedly rejected and obstructed.

Despite Iran’s claims that its nuclear program is solely for civilian purposes rather than weapons development, Western powers have said there is no “credible civilian justification” for the country’s nuclear activity, arguing it “gives Iran the capability to rapidly produce sufficient fissile material for multiple nuclear weapons.”

With prospects for renewed negotiations or nuclear cooperation dwindling, Iran has been intensifying efforts to rebuild its air and defense capabilities decimated during the 12-day war with Israel.

On Monday, Mohammad Eslami, head of the Atomic Energy Organization of Iran (AEOI), declared that the IAEA has no authority to inspect sites targeted during the June war, following Grossi’s renewed calls for Tehran to allow inspections of its nuclear sites and expand cooperation with the agency.

Iran has also announced plans to expand its nuclear cooperation with Russia and advance the construction of new nuclear power plants, as both countries continue to deepen their bilateral relations.

According to AEOI spokesperson Behrouz Kamalvandi, one nuclear power plant is currently operational, while other two are under construction, with new contracts signed during a recent high-level meeting in Moscow.

Kamalvandi also said Iran plans to build four nuclear power plants in the country’s southern region as part of its long-term partnership with Russia.

During a joint press conference in Moscow on Tuesday, Iranian Foreign Minister Abbas Araghchi reiterated Iran’s commitment to defending the country’s “legal nuclear rights” under the now-defunct 2015 nuclear deal, noting that Tehran’s nuclear policies have remained within the international legal framework.

Iran’s growing ties with Russia, particularly in nuclear cooperation, have deepened in recent years as both countries face mounting Western sanctions and seek to expand their influence in opposition to Western powers.

Russia has not only helped Iran build its nuclear program but also consistently defended the country’s “nuclear rights” on the global stage, while opposing the imposition of renewed economic sanctions.

Russian Foreign Minister Sergey Lavrov has described the reinstatement of UN sanctions against Iran as a “disgrace to diplomacy.”

In an interview with the Islamic Republic of Iran News Network (IRINN), Lavrov accused European powers of attempting to blame Tehran for the collapse of the 2015 nuclear deal, despite what he described as Iran’s compliance with the agreement.

Prior to the 12-day war, the IAEA flagged a series of Iranian violations of the deal.

Continue Reading

Copyright © 2017 - 2023 Jewish Post & News