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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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Trump Wants Say on Iran’s Next Leader, Claims Tehran Calling US About a Deal
US President Donald Trump speaks on the day he honors reigning Major League Soccer (MLS) champion Inter Miami CF players and team officials with an event in the East Room of the White House in Washington, DC, US, March 5, 2026. Photo: REUTERS/Jonathan Ernst
US President Donald Trump claimed the right to join Iran in deciding its next leader as the war escalated on Thursday, with US and Israeli jets hitting areas across the country and Gulf cities coming under renewed bombardment.
In a phone interview with Reuters, Trump said Mojtaba Khamenei, the son of the late Supreme Leader Ali Khamenei – a hardliner who has been considered a favorite to succeed his father – was an unlikely choice.
“We want to be involved in the process of choosing the person who is going to lead Iran into the future,” he said.
Trump also encouraged Iranian Kurdish forces to go on the offensive.
“I’d be all for it,” said Trump, whose administration has had contact with Iranian Kurdish groups since the US-Israeli strikes began. He would not say whether the United States would provide air cover for any Kurdish offensive.
The attack is a major political gamble for the Republican president, with opinion polls showing little public support and Americans concerned about the rise in gasoline prices caused by disruption to energy supplies. Trump dismissed that concern.
He said later in the day that Tehran was reaching out to the United States about making a deal amid US and Israeli strikes on Iran, adding that further action to reduce pressure on oil was imminent.
“They’re calling, they’re saying ‘how do we make a deal?’ I said you’re being a little bit late,” said Trump, speaking at an event with the Inter Miami soccer team at the White House.
Trump touted the US military actions in Iran, saying they were destroying Tehran’s missile and drone capability and that “their navy is gone – 24 ships in three days,” as he called on Iranian diplomats to request asylum and help shape a better country.
“We also urge Iranian diplomats around the world to request asylum and to help us shape a new and better Iran,” he said.
ISRAELIS WARN TEHRAN RESIDENTS
On the war’s sixth day, Iran launched a series of attacks on Israel, the United Arab Emirates, and Qatar. Fire crews in Bahrain extinguished a blaze at a refinery following a missile strike.
Two drone attacks targeted an Iranian opposition camp in Iraqi Kurdistan, as well as an oil field operated by an American firm, security sources said.
The Israeli military warned residents to evacuate areas including eastern Tehran, while Iranian media reported blasts were heard in various parts of the capital. An air attack killed 17 people in a guest house on a road northwest of the capital, Iranian state television said.
MANY MUNITIONS, IRAN‘S ATTACKS DROPPED
US Defense Secretary Pete Hegseth and Admiral Brad Cooper, who leads US forces in the Middle East, said that the US has enough munitions to continue its bombardment indefinitely.
“Iran is hoping that we cannot sustain this, which is a really bad miscalculation,” Hegseth told reporters at Central Command headquarters in Florida. “Our munitions are full up and our will is ironclad.”
Cooper said the US had now hit at least 30 Iranian ships, including a large drone carrier that he said was the size of a World War Two aircraft carrier. He added that B-2 bombers had in the past few hours dropped dozens of 2,000 penetrator bombs targeting deeply buried ballistic missile launchers, and that bombings were also targeting Iran‘s missile production facilities.
Iran‘s ballistic missile attacks had decreased by 90% since the first day of the war, while drone attacks had decreased by 83% in that time frame, he said.
WARNING SIRENS BLARE IN MULTIPLE NATIONS
Azerbaijan on Thursday became the latest country drawn in, as it accused Iran of firing drones at its territory and ordered its southern airspace closed for 12 hours. Iran, which has a significant Azeri minority, denied it had targeted its neighbor, but the episode underlined how rapidly the war has spread since the surprise US and Israeli airstrikes that killed Khamenei on Saturday.
Along with the gleaming cities of the Gulf, in easy range of Iranian drones and missiles, Cyprus and Turkey have both been targeted. European nations have pledged to deploy ships to the eastern Mediterranean and hostilities have been seen as far afield as waters off Sri Lanka, where a US submarine sank an Iranian warship on Tuesday, killing 80 crew members.
In Iran, at least 1,230 people have been killed, according to the Iranian Red Crescent Society, including 175 schoolgirls and staff killed at a primary school in Minab in the country’s south on the first day of the war. Another 77 have been killed in Lebanon, its Health Ministry says. Thousands fled southern Beirut on Thursday after Israel warned residents to leave.
NETANYAHU SAYS ‘MUCH WORK STILL LIES AHEAD’
Shares on Wall Street fell on Thursday, weighed by surging oil prices, as the economic impact of the campaign intensified, with countries around the world cut off from a fifth of global supplies of oil and liquefied natural gas and air transport still facing chaos and global logistics increasingly snarled.
On Thursday, Iran‘s Revolutionary Guards said they had hit a US tanker in the northern part of the Gulf and the vessel was on fire, the latest of numerous reports of such attacks.
Visiting an air force base in the south of the country, Israeli Prime Minister Benjamin Netanyahu said Israel’s achievements so far in Iran had been “great” but that “much work still lies ahead.”
Iran‘s foreign minister said Washington would “bitterly regret” the precedent it had set by sinking a ship in international waters without warning. A commander of the Revolutionary Guards, General Kioumars Heydari, told state TV: “We have decided to fight Americans wherever they are.”
The body of Supreme Leader Ayatollah Ali Khamenei, killed in the first hours of the US-Israeli air campaign in the first assassination of a country’s top ruler by an airstrike, had been due to lie in state in a Tehran prayer hall from Wednesday evening to launch three days of mourning.
But the memorial, expected to draw many thousands of mourners to the streets, was abruptly postponed.
Two sources familiar with Israel’s battle plans said that Israel, having killed many Iranian leaders, was now planning to enter a second phase when it would target underground bunkers where Iran stores its missiles.
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Israel Decided to Kill Khamenei in November, Defense Minister Says
Israel’s Defense Minister Israel Katz and his Greek counterpart Nikos Dendias make statements to the press, at the Ministry of Defense in Athens Greece, Jan. 20, 2026. Photo: REUTERS/Louisa Gouliamaki
Israel took the decision to kill Iran’s Supreme Leader Ali Khamenei in November and was planning to carry out the operation around six months later, Defense Minister Israel Katz said on Thursday.
Khamenei was killed in the first hours of the US-Israeli air campaign that began on Saturday in the first assassination of a country’s top ruler by an airstrike.
The joint air assault is nearing the end of its first week after opening salvos killed the country’s leaders and set off a regional war, with Iranian attacks in Israel, the Gulf and Iraq, and Israeli attacks against Iran’s ally Hezbollah in Lebanon.
“Already in November we were convened with the prime minister in a very tight forum and the prime minister [Benjamin Netanyahu] set the goal of eliminating Khamenei,” Katz told Israel‘s N12 TV news. The timing was set for mid-2026, he said.
The plan was eventually shared with the Washington and brought forward around January after protests broke out Iran, when Israel was concerned its pressured clerical rulers might launch an attack against Israel and US assets in the Middle East, Katz said.
Israel has said its aim is to eliminate the existential threat it sees in Iran’s nuclear program and ballistic missile project, and to bring about regime change. Iran’s rulers have so far shown no sign of relinquishing power.
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China in Talks With Iran to Allow Safe Oil and Gas Passage Through Hormuz, Sources Say
An oil tanker unloads crude oil at a crude oil terminal in Zhoushan, Zhejiang province, China, July 4, 2018. Picture taken July 4, 2018. Photo: REUTERS/Stringer
China is in talks with Iran to allow crude oil and Qatari liquefied natural gas vessels safe passage through the Strait of Hormuz as the US-Israeli war on Tehran intensifies, three diplomatic sources told Reuters.
The war, which entered its sixth day on Thursday, has left the critical shipping passageway all-but shut, with countries around the world cut off from a fifth of global oil and liquefied natural gas supplies.
China, which has friendly relations with Iran and relies heavily on Middle Eastern supplies, is unhappy about the Islamic Republic’s move to paralyze shipping through the Strait and is pressing Tehran to allow safe passage for the vessels, according to the sources.
The world’s second-largest economy gets about 45% of its oil from the Strait.
Ship tracking data showed a vessel called the Iron Maiden passed through the Strait overnight after changing its signaling to “China-owner,” but far more sailings will be needed to calm global markets.
Crude oil prices are up more than 15% since the conflict began amid production stoppages as Tehran attacks energy facilities in the Gulf as well as ships crossing the Strait.
Its missiles have also reached as far afield as Cyprus, Azerbaijan, and Turkey, destabilizing global markets and prompting major economies to warn about inflation risks.
Crude tanker transits through the strait fell to four vessels on March 1, the day after hostilities broke out, versus an average of 24 a day since January, Vortexa vessel-tracking data showed.
Around 300 oil tankers remain inside the Strait, according to Vortexa and ship tracker Kpler.
Sugar industry veteran Mike McDougall told Reuters that Middle East sugar executives say there are some ships transiting the Strait at the moment, all of which are either Chinese or Iranian-owned.
Jamal Al-Ghurair, the managing director of Dubai-based Al Khaleej Sugar, told Reuters some ships carrying sugar are currently allowed to pass through the Strait while others are not, without giving further details.
Iran‘s government said earlier in the week that no vessels belonging to the United States, Israel, European countries or their allies would be allowed to pass through the Strait of Hormuz, but the statement made no mention of China.