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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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Qatari PM Meets Iran’s Larijani in Tehran, Discusses Easing Regional Tensions

Qatari Prime Minister and Foreign Minister Sheikh Mohammed bin Abdulrahman Al Thani speaks after a meeting with the Lebanese president at the presidential palace in Baabda, Lebanon February 4, 2025. REUTERS/Emilie Madi

Qatari Prime Minister Sheikh Mohammed bin Abdulrahman al-Thani met with top Iranian security official Ali Larijani in Tehran and reviewed efforts to de-escalate tensions in the region, Qatar’s foreign ministry said on Saturday in a statement.

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Tesla Receives Approval to Test Autonomous Driving in Israel

March 12, 2025, Seattle, Washington, USA: A row of brand-new Tesla Cybertrucks stands in a Tesla Motors Logistics Drop Zone in Seattle, Washington, USA, on Wed., March 12, 2025. Photo: ZUMA Press Wire via Reuters Connect

i24 NewsThe Ministry of Transport announced on Sunday that it has granted Tesla official approval to conduct trials of its autonomous driving system on Israel’s roads. The move comes as part of an effort to examine how the car manufacturer’s advanced technology can be integrated into the local driving environment, with full support from the ministry.

The trials will focus on Tesla’s Fully Self-Driving (FSD) system, a supervised autonomous driving platform. Under the terms of the approval, a driver must remain present in the vehicle at all times to supervise the system, despite its autonomous capabilities. This ensures safety while allowing the technology to be tested in real-world conditions.

The Ministry of Transport described the approval as a significant step toward advancing vehicle regulation in Israel. Officials said the initiative aims to create a regulatory framework that will allow for the routine, supervised use of autonomous driving systems in the future, safely and efficiently.

Tesla will use the trials to assess how the FSD system interacts with Israel’s road infrastructure, traffic patterns, and local driving behaviors. Data collected during the experiment will help refine the system and inform potential regulatory updates to accommodate autonomous vehicles.

The ministry emphasized that the pilot program is limited in scope and strictly monitored. It noted that all necessary safety protocols are in place and that public safety remains the top priority throughout the testing period.

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Reopening of Gaza’s Rafah Crossing Expected Monday, Officials Say

An aid truck moves on a road after entering Gaza through the Kerem Shalom crossing, in Rafah in the southern Gaza Strip, February 1, 2026. Photo: REUTERS/Ramadan Abed

Gaza’s main border crossing in Rafah will reopen for Palestinians on Monday, Israel said, with preparations underway at the war-ravaged enclave’s main gateway that has been largely shut for almost two years.

Before the war, the Rafah border crossing with Egypt was the only direct exit point for most Gazans to reach the outside world as well as a key entry point for aid into the territory. It has been largely shut since May 2024 and under Israeli military control on the Gazan side.

COGAT, the Israeli military unit that oversees humanitarian coordination, said the crossing will reopen in both directions for Gaza residents on foot only and its operation will be coordinated with Egypt and the European Union.

“Today, a pilot is underway to test and assess the operation of the crossing. The movement of residents in both directions, entry and exit to and from Gaza, is expected to begin tomorrow,” COGAT said in a statement.

A Palestinian official and a European source close to the EU mission confirmed the details. The Egyptian foreign ministry did not immediately respond to a request for comment.

STRICT SECURITY CHECKS

Israel has said the crossing would open under stringent security checks only for Palestinians who wish to leave the war-ravaged enclave and for those who fled the fighting in the first months of the war to return.

Many of those expected to leave are sick and wounded Gazans in need of medical care abroad. The Palestinian health ministry has said that there are 20,000 patients waiting to leave Gaza.

An Israeli defense official said that the crossing can hold between 150-200 people altogether in both directions. There will be more people leaving than returning because patients leave together with escorts, the official added.

“(The Rafah crossing) is the lifeline for us, the patients. We don’t have the resources to be treated in Gaza,” said Moustafa Abdel Hadi, a kidney patient in a central Gaza hospital, awaiting a transplant abroad.

“If the war impacted a healthy person by 1 percent, it has impacted us 200 percent,” he said, sitting as he received dialysis treatment at Al-Aqsa Martyrs Hospital. His travel request, he said, has been approved.

Two Egyptian officials said that at least 50 Palestinian patients will be processed on Sunday to cross Rafah into Egypt for treatment. In the first few days around 200 people, patients and their family members, will cross daily into Egypt, the officials said, with 50 people returning to Gaza per day.

Lists of Gazans set to pass through the crossing have been submitted by Egypt and approved by Israel, the official said.

NEXT PHASE OF TRUMP’S GAZA PLAN

Reopening the border crossing was a key requirement of the first phase of US President Donald Trump’s plan to end the Israel-Hamas war.

But the ceasefire, which came into effect in October after two years of fighting, has been repeatedly shaken by rounds of violence.

On Saturday, Israel launched some of its most intense airstrikes since the ceasefire, killing at least 30 people, in what it said was a response to a Hamas violation of the truce on Friday when militants emerged from a tunnel in Rafah.

The next phases of Trump’s plan for Gaza foresee governance being handed to Palestinian technocrats, Hamas laying down its weapons and Israeli troops withdrawing from the territory while an international force keeps the peace and Gaza is rebuilt.

Hamas has so far rejected disarmament and Israel has repeatedly indicated that if the Islamist terrorist group is not disarmed peacefully, it will use force to make it do so.

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