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Israeli democracy may not survive a ‘reform’ of its Supreme Court
(JTA) — On Dec. 29, Israel swore in Benjamin Netanyahu’s sixth government. The Likud leader became Israel’s prime minister once more, and one week later, Israel’s long-anticipated judicial counterrevolution began.
In the Knesset Wednesday, newly minted Justice Minister and Netanyahu confidant Yariv Levin unveiled a package of proposed legislation that would alter the balance of power between Israel’s legislature and its Supreme Court.
At the core of this plan is a bill to allow the Knesset to override the Supreme Court. Levin’s proposals — which almost certainly have the immediate support of a Knesset majority, regardless of Levin’s assurances that they would be subject to “thorough debate” — would pave the way for Israel’s new government to pass legislation that curtails rights and undermines the rule of law, dealing a blow to Israeli democracy.
The dire implications of this proposed judicial reform are rooted in key characteristics of the Israeli political system that set it apart from other liberal democracies. Israel has no constitution to determine the balance of power between its various branches of government. In fact, there is no separation between Israel’s executive and legislative branches, given that the government automatically controls a majority in the parliament.
Instead, it has a series of basic laws enacted piecemeal over the course of the state’s history that have a quasi-constitutional status, with the initial intention that they would eventually constitute a de jure constitution.
Through the 1980s, the Knesset passed basic laws that primarily served to define state institutions, such as the country’s legislature and electoral system, capital and military. In the 1990s, there was a paradigm shift with the passage of two basic laws that for the first time concerned individuals’ rights rather than institutions, one on Human Dignity and Liberty (1992) and the other on Freedom of Occupation (1994). These laws enshrined rights to freedom of movement, personal freedom, human dignity and others to all who reside in Israel.
Aharon Barak, the president of Israel’s Supreme Court from 1995 to 2006, argued that these laws constituted a de facto bill of rights, empowering the court to review Knesset legislation and to strike down laws that violate civil liberties, a responsibility not explicitly bestowed upon the court in the basic law pertaining to the judiciary. In 1995, the Supreme Court officially ruled that it could indeed repeal legislation that violates the country’s basic laws, heralding an era of increased judicial activism in Israel in what became known as the “judicial revolution.” The court has struck down 20 laws since, a fairly modest number compared to other democracies.
The judicial revolution of the 1990s shifted the balance of power in Israel’s political system from one of parliamentary sovereignty, in which the Knesset enjoyed ultimate power, to one in which the legislature is restricted from violating the country’s (incomplete) constitution. Israel’s Supreme Court became a check on the legislative branch in a country that lacks other checks and balances and separations of power.
As a result of these characteristics, the Supreme Court currently serves as one of the only checks on the extraordinary power of Israel’s 120-member Knesset — which is why shifting that balance of power would have such a dramatic impact on Israel’s democracy.
Levin’s proposed judicial overhaul includes several elements that would weaken the power and independence of Israel’s Supreme Court. The plan includes forbidding the Supreme Court from deliberating on and striking down basic laws themselves. It would require an unspecified “special majority” of the court to strike down legislation, raising the threshold from where it currently stands.
Levin has also called for altering the composition of the selection committee that appoints top judges to give the government, rather than legal professionals, a majority on the panel. It would allow cabinet ministers to appoint legal advisors to act on their behalf, rather than that of the justice ministry, canceling these advisors’ role as safeguards against government overreach. Should a minister enact a decision that contravenes a basic law, the ministry’s legal advisor would no longer report the violation to the attorney general, and would instead merely offer non-binding legal advice to the minister.
The pièce de résistance is, of course, the override clause that would allow the Knesset to reinstate laws struck down by the Supreme Court by 61 members of Knesset, a simple majority assuming all members are present. The sole restriction on this override would be a provision preventing the Knesset from re-legislating laws struck down unanimously, by all 15 judges, within the same Knesset term.
This plan’s obvious and most immediate result would be the effective annulment of the quasi-constitutional status of Israel’s basic laws. If the Knesset’s power to legislate is no longer bound by basic laws, these de facto constitutional amendments no longer have any teeth. There are no guardrails preventing any Knesset majority from doing as it wishes, including violating basic human rights. The Knesset could pass laws openly curtailing freedom of the press or gender equality, for example, should it choose to do so.
This counterrevolution, in effect, goes further than merely undoing what occurred in the 1990s.
Most crucially, the Knesset that would once again enjoy full parliamentary sovereignty in 2022 is not the Knesset of Israel’s first four decades. Shackling the Supreme Court is essential to the agendas of the new government’s various ultra-right and ultra-religious parties. For example, the haredi Orthodox parties are eager to re-legislate a blanket exemption to the military draft for their community, which the court struck down in 2017 on the grounds that it was discriminatory. They also have their sights on revoking recognition of non-Orthodox conversions for immigrants to Israel, undoing a court decision from 2021.
The far-right, Jewish supremacist parties of Bezalel Smotrich and Itamar Ben-Gvir, meanwhile, see an opportunity to deal a decisive blow to an institution that has long served as a check on the settlement movement. They hope to tie the court’s hands in the face of oncoming legislation to retroactively legalize settlements built on private Palestinian land, which are illegal under Israeli law. But this is only the beginning: Neutering the authority of the court could pave the way for legal discrimination against Israel’s Arab minority, such as Ben-Gvir’s proposal to deport minorities who show insufficient loyalty.
The timing of Levin’s announcement Wednesday could not be more germane. The Knesset recently amended the basic law to legalize the appointment of Aryeh Deri, the Shas party leader who is serving a suspended sentence for tax fraud, as a minister in the new government. The Supreme Court convened Thursday morning to hear petitions against his appointment from those arguing that it is “unreasonable” to rehabilitate Deri given his multiple criminal convictions, a view shared by Israel’s attorney general. Levin’s proposals would bar the court from using this “reasonability” standard.
The Israeli right has long chafed at the power of the Supreme Court, which it accuses of having a left-wing bias. But a judicial overhaul like this has never enjoyed the full support of the government, nor was Netanyahu previously in favor of it. Now, with a uniformly right-wing government and Netanyahu on trial for corruption, the prime minister’s foremost interest is appeasing his political partners and securing their support for future legislation to shield him from prosecution.
In a system where the majority rules, there need to be mechanisms in place to protect the rights of minorities — political, ethnic and religious. Liberal democracy requires respect for the rule of law and human rights. Yariv Levin’s proposals to fully subordinate the Supreme Court to the Knesset will concentrate virtually unchecked power in the hands of a few individuals — government ministers and party leaders within the coalition who effectively control what the Knesset does. That those individuals were elected in free and fair elections is no guarantee that the changes they make will be democratic.
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He reconnected with Judaism as an adult. With his art, he hopes others do the same.
Bruce David’s magnum opus is a psychedelic lithograph depicting practically the entire Torah. Over eight months, David filled it with a plethora of hidden symbols: If you look closely, you can see Joshua blowing a shofar, which hugs the Israeli flag. Squint even more and you’ll notice Joshua’s face is the flared end of an even bigger shofar that encompasses the Ten Commandments, a shofar made up of dozens of small people, seven of whom hold flames as if making a human menorah.
To understand every hidden image in just this one painting would take more words than I have space for. David gave me the “short version” of the piece’s story on Zoom — it still took six minutes.
Although David has now spent decades making Jewish art — prints, mosaics, stained glass and metal works — and exhibiting it across the country, it wasn’t what he had anticipated doing with his life. David doesn’t have any formal art training and for several years, he lost touch with his Judaism.
“Oftentimes I’ll refer to myself as a deeply flawed holy man wannabe,” David told me over Zoom from his house in Bloomington, Indiana. “But I always had this spiritual pull.”
David grew up in Louisville, Kentucky, with a Reform father and a mother from an Orthodox family. His Orthodox grandmother, Bess Harris — who he described as a force to be reckoned with — was a particular influence on him.
“I really learned my Jewish heart from her and her love of God,” David said. “She was involved with starting a Jewish day school, a Jewish nursing home, the synagogue, and she would lead trips to Israel.”
But traditional religious practice didn’t speak to him when he was a kid. He told me that one time he even climbed out of the window during Hebrew school to go play basketball.
Years later, his wife Diane was the one who helped him find new ways to connect with Judaism. Although she was raised Catholic, Diane was curious about Judaism. David needed to refresh himself on the answers.
“We started looking at the different aspects of Judaism and different things started to make sense,” David told me. “Shabbat made sense — you know, everybody needs a time to rest, recharge. Yom Kippur makes sense as a time to forgive and be forgiven. Rosh Hashanah to start again. Sukkot to get out and celebrate and get close to nature.”
When the couple met, David’s job was making deliveries for his grandfather’s wholesale store in Louisville. For David’s 30th birthday, Diane gave him a set of pigment pencils and the art started flowing out of him. Many of his pieces are concerned with biblical stories — like his mosaic of Jonah emerging onto the shores of Nineveh or his rainbow colored print of Balaam and his donkey — and he refers to them as “visual midrash.”
Unsure what to do with his art, David went to the Hillel at Indiana University Bloomington to see if the rabbi had any ideas. The rabbi connected him with art professor Mazelle Van Buskirk who was taken with David’s work. She arranged for an exhibit at IU’s School of Fine Arts, making him the first community artist to be given such an honor and kicking off his career.
He has presented his art at Jewish schools and exhibited it at events like the National Hadassah Conference, the Cincinnati Jewish Folk Festival, and the Coalition for Alternatives to Jewish Education. His work has been on the cover of books and Jewish publications. Many of the events that have had the greatest impact on David’s life were unplanned.
“We’ve always lived our lives on miracles,” David told me.
Among these, David said, was Rabbi Shlomo Carlebach, “the Singing Rabbi” who wrote hundreds of liturgical melodies in the 20th century, conducting a (planned) conversion for Diane and an (unplanned) wedding ceremony for the couple in the 80s.
“We went to the mikvah for the conversion,” David told me. “And then he tells us ‘Oh by the way we’re going to marry you Saturday night after Shabbat.’”
Another miracle happened when David met a couple looking for someone to manage 29 acres in Bloomington overlooking Monroe Lake. Nature lovers, the couple quickly took the opportunity to live somewhere they could connect with the earth. David’s admiration for natural forms can also be found in much of his art; the shapes tend to flow and bend.
Over the 46 years that the couple has lived on their property, they’ve turned it into a home base for their Jewish worship and educational group Light of the Nations, which conducts lessons at various synagogues and JCCs through art and music. They host parties for Sukkot and the solar eclipse on their huge lawn, welcoming dozens of visitors.
David said they wanted their home to be a “place where people come out and get close to nature in life and slow down.”
Seventy-five years old and battling blood cancer, David is now spending his time focusing on helping people connect to Judaism in a holistic way and see the beauty that brought him back to religion. He’s slowed down on exhibiting his art, instead working on making sure Light of the Nations’ mission can continue once he is gone and that his art will find a home.
David hopes that people recognize in his art “that there’s this amazing, incredible life force influencing all creation.”
The post He reconnected with Judaism as an adult. With his art, he hopes others do the same. appeared first on The Forward.
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Metropolitan Police investigating abuse of Jewish attendees at London Pride
(JTA) — London’s Metropolitan Police launched an investigation Monday into antisemitic abuse at a Pride parade after videos and pictures circulated on social media showed Jewish participants enduring taunts at Saturday’s event.
The police department said in a statement that officers were “aware of videos circulating online that show antisemitic verbal abuse directed towards attendees” at the parade in central London and that footage was being reviewed to assess whether criminal offenses had been committed. The department added that it “continues to work hard to tackle hate crimes of all types.”
Videos shared online show people carrying rainbow flags incorporating the Star of David being confronted by individuals shouting “Free Palestine.” The harassment escalated with attendees shouting, “Go back to your Zionist homeland,” “You kill Arab children, you kill gay children,” “F*** you, Jew,” and “How many babies did you kill?”
The Jewish Telegraphic Agency reached out to Pride in London for comment. The group had not replied by press time.
The incident comes amid heightened concern over antisemitism in Britain since Hamas’ Oct. 7, 2023, attack on Israel, with a record number of antisemitic incidents reported over the past two years. It also comes as Pride celebrations around the world have been roiled by tensions over Israel and antisemitism.
Pride in London drew tens of thousands of participants and visitors to the Soho neighborhood in the British capital. Some Jewish LGBTQ+ organizations have in recent years chosen not to participate in Pride, citing hostility towards Zionist Jews. But this year, around 150 people marched as part of a Jewish bloc at the event.
Organizers said the return this year followed discussions with Pride in London over Jewish inclusion and commitments that organizers would undertake antisemitism awareness training in partnership with the Community Security Trust, the main security consultant to the Jewish community. Jewish LGBTQ group Keshet UK stated earlier this year that the measures were intended to help ensure Jewish LGBTQ+ participants could march “safely and openly” following concerns raised after Oct. 7.
It was not clear whether the Jewish marchers who endured the abuse were part of the official Jewish bloc – accounts from marchers who stayed with the Jewish bloc were generally positive.
“A few people came and chanted ‘free, free, Palestine,’” Israeli author and LGBTQ+ activist Hen Mazzig told JTA. “They were passing through. And there was another person who was at a cafe and then they came by and they were just staring at us.”
Mazzig shared footage from the event on X, writing, ”My pride is not affected by the opinions of others. I am gay, I am Jewish, and I’m here to stay. Am Yisrael chai.”
Mazzig splits his time between London and Tel Aviv, because his husband is British. He told JTA in a phone interview that Saturday’s incidents “were scary, especially when a Pride parade is supposed to be inclusive.”
Mazzig said that since Oct, 7, circumstances have been exceptionally challenging for the British Jewish community “but specifically for LGBTQ youth that are being forced to choose between their Jewish identity and their queer identity.”
Mazzig claimed that Jewish marchers are not accepted unless they specify that they are anti-Zionist. “Every statement of solidarity with LGBTQ Jews seems to come with a ‘but,’” he said. ‘We support you, but not if you’re physically Jewish, not if you’re supporting Israel. You have to renounce half of your identity first.’ That’s not equality.”
In advance of Saturday’s event, some 650 Met police officers were deployed to enforce “zero tolerance” on hate crimes and to ensure that attendees could “safely and securely” enjoy the parade.
When JTA asked the Metropolitan police why at least two policemen appeared to stand by as Jews were subject to abuse, the Met requested that JTA provide the video in question. After being supplied with the video, the Met later told JTA that it had nothing further to add at this stage but would provide an update if it did.
Mazzig said the Met police should consider the abuse at the parade “shameful and it should alarm everyone.”
He added, “I hope that we stop debating whether or not antisemitism is real and accept it. And that communities that are supposed to be inclusive and pluralistic start taking action.”
The post Metropolitan Police investigating abuse of Jewish attendees at London Pride appeared first on The Forward.
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Israel’s diaspora minister calls Erdogan a ‘grotesque hybrid of Hitler and Sinwar’
(JTA) — Israel’s Diaspora Affairs Minister Amichai Chikli compared Turkish President Recep Tayyip Erdogan to Adolf Hitler and slain Hamas leader Yahya Sinwar in a post on X on Monday.
“We all know how narcissistic power-obsessed fanatics like you begin and how they end. The Jewish people have never feared mere flesh and blood, from Pharaoh until today,” Chikli wrote. “You are nothing but a pathetic blood soaked zero who history will soon forget.”
In the post, Chikli accused the Turkish leader of being a “patron of Hamas and ISIS” and described him as a “grotesque hybrid of Hitler and Sinwar” alongside an AI image of Erdogan in front of a Nazi flag.
Chikli’s post was in response to an address by Erdogan last month, in which the Turkish leader called Zionism a “genocidal occupying expansionist ideology” and said the “struggle” against Zionism was for the “collective survival of ourselves and our nation.”
Long-standing tensions between Turkey and Israel stoked by the war in Gaza have escalated in recent weeks, amid increasing Israeli concerns over the tight ties between Ankara and Washington and the possible sale of advanced American F-35 fighter jets to Turkey. Erdogan, who has consistently voiced support for Hamas, has been one of Israel’s most outspoken international critics.
Chikli’s post followed Israeli Prime Minister Benjamin Netanyahu’s blistering attack against Erdogan during an interview on “Fox & Friends” on Fox News Monday. Netanyahu said Turkey was “governed by a man who calls openly for the annihilation of Israel…and talks openly about conquering Jerusalem.”
The Israeli leader warned against the sale of weaponry to Ankara, portraying Turkey as an aggressive country that didn’t help the U.S. battle Iran. He spoke in advance of U.S. President Donald Trump’s trip to Ankara late Tuesday for a two-day summit of NATO.
“For a regime infected by the Muslim Brotherhood, an extreme movement that hates America and chants ‘death to America’ from that side of the spectrum, I don’t think they should be given F-35’s or the engines for their fighter jets,” Netanyahu told Fox News.
Such a sale would “upset the power balance in the Middle East, which is ultimately guaranteed by Israeli air superiority and … by America’s posture in the Middle East,” Netanyahu said.
Relations between the two regional powers have also been aggravated by the Israeli government’s June 28 decision to recognize the Armenian genocide by the Ottoman Empire during and immediately after World War I.
Turkey has condemned Israel’s recognition of the Armenian genocide. It’s a move so diplomatically controversial that to date, only some 33 countries, aside from Israel, have taken this step, including the U.S. in 2021.
According to Politico, Erdogan said in a public address last week, “We do not give the slightest heed to the slanders about our country from the murder network that has the blood of 73,000 innocent Gazans, most of them children and women, on its hands.”
Israel’s Minister of Foreign Affairs, Gideon Saar, also took aim at Turkey’s foreign minister, Hakan Fidan, during a press conference in Jerusalem Monday, decrying Fidan’s comments to CNN Türk on Friday in which he said that Israel had become a “burden that humanity can no longer bear.”
“The remarks by Turkey’s Foreign Minister are a clear call for genocide,” Saar said. “The Jewish people know all too well what happens when such words are allowed to go unanswered. The first step on the road to genocide is dehumanization.”
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