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A law professor worries Israel could become the next Hungary
(JTA) — Israel’s new governing coalition has been called the “most right-wing” in the nation’s history. That’s heartening to supporters who want the country to get tough on crime and secure Jewish rights to live in the West Bank, and dismaying to critics who see a government bent on denying rights to Israel’s minorities and undermining any hope for a peaceful solution to the Israeli-Palestinian conflict.
While the far-right politics of new government ministers Bezalel Smotrich and Itamar Ben Gvir have drawn much of the world’s attention, a series of proposed changes to Israel’s judicial system has also been raising hopes and alarms. On Wednesday, new Justice Minister Yariv Levin announced an overhaul that would limit the authority of the High Court of Justice, Israel’s Supreme Court. It would put more politicians on the selection committee that picks judges, restrict the High Court’s ability to strike down laws and government decisions and enact an “override clause” enabling the Knesset to rewrite court decisions with a simple majority.
Levin and his supporters on the right justify these changes as a way to restore balance to a system that he says puts too much control in the hands of (lately) left-leaning judges: “We go to the polls, vote, elect, and time after time, people we didn’t elect choose for us. Many sectors of the public look to the judicial system and do not find their voices heard,” he asserted. “That is not democracy.”
Critics of the changes call them a power grab, one that will hand more leverage to the haredi Orthodox parties, remove checks on the settlement movement and limit civil society groups’ ability to litigate on behalf of Israeli minorities.
To help me make sense of the claims on both sides, I turned to Tom Ginsburg of the University of Chicago, where he is the Leo Spitz Distinguished Service Professor of International Law and co-directs the Comparative Constitutions Project, which gathers and analyzes the constitutions of all independent nation-states. He’s also a Jew who has transformed a former synagogue on the South Side of Chicago into a cutting-edge arts space, and says what’s happening with Israel’s new governing coalition “raises my complicated relationship with the country.”
We spoke on Friday. Our conversation has been edited for length and clarity.
Jewish Telegraphic Agency: You have written about law in Israel, which lacks a constitution but relies on a series of “basic laws” to define its fundamental institutions. You’ve written that the Israeli judiciary had become “extremely powerful” — maybe too powerful — in imbuing the basic laws with a constitutional character, but worry that the current reforms will politicize the court in ways that will undermine Israeli democracy.
Tom Ginsburg: The proposed reforms were a campaign promise of certain elements of this coalition who have had longstanding grievances against the Israeli judiciary. The Israeli judiciary over the last decades has indeed become extremely powerful and important in writing or rewriting a constitution for Israel, promoting human rights and serving as a check and balance in a unicameral parliamentary system where the legislature can do anything it wants as a formal matter. A lot of people have had problems with that at the level of theory and practice. So there have been some reforms, and the court has, in my view, cut back on its activism in recent decades and in some sense has been more responsive to the center of the country. But there’s longstanding grievances from the political right, and that’s the context of these proposals.
A lot of the concerns about the new government in Israel are coming from the American Jewish left. But in an American context, the American Jewish left also has a big problem with the United States Supreme Court, because they see it as being too activist on the right. So in some ways isn’t the new Israeli government looking to do what American Jewish liberals dream of doing in this country?
Isn’t that funny? But the context is really different. The basic point is that judicial independence is a really good thing. Judicial accountability is a really good thing. And if you study high courts around the world, as I do, you see that there’s kind of a calibration, a balancing of institutional factors which lead towards more independence or more accountability and sometimes things switch around over time.
Israeli Justice Minister Yariv Levin holds a press conference at the Knesset, the Israeli parliament in Jerusalem, Jan. 4, 2023. (Olivier Fitoussi/Flash90)
You mean “accountability” in the sense that courts should be accountable to the public.
Right. The Israeli promoters of these plans are pointing to the United States, in particular, for the proposals for more political involvement in the appointment process. On the other hand, in the United States once you’re appointed politically, you’re serving for life. There’s literally no check on your power. And so maybe some people think we have too much independence. If these proposals go through in Israel, there will be a front-end politicization of the court [in terms of the selection commission], but also back-end checks on the court [with the override clause that would allow a simple majority to reinstate laws struck down by the Supreme Court]. So in some sense, it moves the pendulum very far away from independence and very much towards accountability to the point of possible politicization.
And accountability in that case is too much of a good thing.
Again, you don’t want courts that can just make up rules. They should be responsive to society. On the other hand, you don’t want judges who are so responsive to society that there’s no protection for the basic rights of unpopular minorities.
What makes Israel either unique or different from some of the other countries you study, and certainly the United States? Part of it, I would guess, is the fact that it does not have a constitution. Is that a useful distinction?
They couldn’t agree on a single written constitution at the outset of the country, but they have built one through what you might call a “common law method”: norms and practices over time as well as the system of “basic laws,” which are passed by an absolute majority of the Knesset, where a majority of 61 votes can change any of those. But while they’re not formally entrenched, they have a kind of political status because of that term: basic law.
By the way, the Germans are in the same boat. The German constitution is called the Basic Law. And it was always meant to be a provisional constitution until they got together and reunified.
If you don’t have a written constitution, what’s the source of the legitimacy of judicial power? What is to prevent a Knesset from just passing literally any law, including ones that violate all kinds of rights, or installing a dictator? It has been political norms. And because Israel has relied on political norms, that means that this current conflict is going to have extremely high stakes for Israeli governance for many decades to come.
Can you give me a couple of examples? What are the high stakes in terms of democratic governance?
First of all, let me just say in principle that I don’t oppose reforms to make the judiciary more independent or accountable in any particular country. But then you obviously have to look at the local context. What’s a little worrying about this particular example is that several members of this coalition are themselves about to be subject to judicial proceedings.
Including the prime minister, Benjamin Netanyahu.
Right. And for example, they need to change the rules so that [Shas Party chairman] Aryeh Deri can sit in the cabinet despite his prior convictions. That indicates to me that maybe this isn’t a good-faith argument about the proper structure of the Israeli, uncodified constitution, but instead a mechanism of expediency.
Any one of these reforms might look okay, and you can find other countries that have done them. The combination, however, renders the judiciary extremely weak. Right now, it’s a multi-stakeholder commission that nominates and appoints judges in Israel, and the new coalition wants to propose that the commission be made up of a majority of politicians. We know that when you change the appointments mechanism to put more politicians on those committees, the more politicized they become.
Think about the United States process of appointing our Supreme Court judges: It’s highly politicized, and obviously the legitimacy of the court has taken a big hit in recent years. In Israel, you’d have politicized appointments under these reforms, but then you also have the ability of the Knesset to override any particular ruling that it wanted. Again, you can find countries which have that. It’s called the “new commonwealth model” of constitutionalism, in which courts don’t have the final say on constitutional matters, and the legislature can overrule them on particular rulings. But I think the combination is very dangerous because you could have a situation where the Knesset — which currently has a role in protecting human rights — can pick out and override specific cases, which really to me goes against the idea of the rule of law.
You mentioned other countries. Are there other countries where these kinds of changes were enacted and we saw how the experiment turned out?
The two most prominent recently are Hungary and Poland, which are not necessarily countries that you want to compare yourself to.
Certainly not if you are Israel.
Right. There’s so much irony here. When the new Polish government came in in 2015, they immediately manipulated the appointment system for the Constitutional Court and appointed their own majority, which then allowed them to pass legislation which probably would have been ruled unconstitutional. They basically set up a system where they were going to replace lower judges and so they were going to grow themselves into a majority of the court. And that’s led to controversy and rulings outside the mainstream that have led to protests, while the European Union is withholding funds and such from Poland because of this manipulation of the court.
In Hungary, Victor Orban was a really radical leader, and when he had a bare majority to change the constitution he wiped out all the previous jurisprudence of the Constitutional Court. I don’t think the Israeli government would do that. But still there is this kind of worrying sense that they’re able to manipulate interpretation of law for their own particular political interest.
Another thing I want to raise is the potential for a constitutional crisis now. Suppose they pass these laws and the Israeli Supreme Court says, “Well, wait a minute, that interferes with our common law rules that we are bound by, going back to the British Mandate.” It conflicts with the basic law and they invoke what legal scholars call the “doctrine of unconstitutional constitutional amendments,” which is basically saying that an amendment goes against the core of our democratic system and violates, for example, Israel’s character as a Jewish and democratic society. Israel has never done this, but it is a kind of tool that one sees deployed around the world in these crises. And if that happened, then I think you would have a full constitutional crisis on your hands in Israel.
Supreme Court President Aharon Barak speaks with Prime Minister Benjamin Netanyahu during a ceremony in the Supreme Court marking 50 years of law, Sept. 15, 1998. (Avi Ohayon)
What does a constitutional crisis look like?
Suppose you have sitting justices in Israel who say, “You know, this Knesset law violates the basic law and therefore it’s invalid.” And then, would the Knesset try to impeach those judges? Would they cut the budget of the judiciary? Would they back down?
When you compare Israel’s judicial system to other countries’ over the years, how does it stack up? Is it up there among the very strong systems or is it known for flaws that might have maybe hobbled its effectiveness?
It’s always been seen around the world as a very strong judiciary. Under the leadership of Aharon Barak [president of Israel’s Supreme Court from 1995 to 2006] it became extremely activist. And this provoked backlash in Israeli politics. That led to a kind of recalibration of the court where it is still doing its traditional role of defending fundamental rights and ensuring the integrity of the political process, but it’s not making up norms left and right, in the way that it used to. This is my perception. But it’s certainly seen as one of the leading courts around the world, its decisions are cited by others, and because of the quality of the judges and the complex issues that Israel faces it’s seen as a strong court and an effective court and to me a balanced court.
But, you know, I’m not in Israel, and ultimately, they’re going to figure out the question how balanced it is or where it’s going to go. I do worry that an unchecked majoritarian system, especially with a pure proportional representation model like Israel, has the potential for the capture of government by some minorities to wield power against other minorities. And that’s a problem for democracies — to some degree, that’s a problem we face in the United States.
How correctable are these reforms? I am thinking of someone who says, “These are democratically elected representatives who now want to change a system. If you want to change the system, elect your own majority.” Is the ship of state like this really hard to turn around once you go in a certain direction?
This is an area in which I think Israel and the United States have a lot of similarities. For several decades now, the judiciary has been a major issue for those on the political right. They thought the Warren Court was too left-leaning and they started the Federalist Society to create a whole cadre of people to staff the courts. They’ve done that and now the federal courts are certainly much more conservative than the country probably. But the left didn’t really have a theory of judicial power in the United States. And I think that’s kind of true in Israel: It’s a big issue for the political right, but the political left, besides just being not very cohesive at the moment, isn’t able to articulate what’s good about having an independent judiciary. It is correctable in theory, but that would require the rule of law to become a politically salient issue, which it generally isn’t in that many countries.
How do you relate to what is happening in Israel as a Jew, and not just a legal scholar?
That’s a great question, because it really raises my complicated relationship with the country. You know, I find it to be a very interesting democracy. I like going to Israel because it’s a society in which there’s a lot of argument, a lot of good court cases and a lot of good legal scholars. On one level, I connect with my colleagues and friends there who seem very demoralized about this current moment. And I honestly worry about whether this society will remain a Jewish and democratic one with the current coalition.
The rule of law is a part of democracy. You need the rule of law in order to have democracy function. And I know others would respond and say, “Oh, you’re just being hysterical.” And, “This isn’t Sweden, it’s the Middle East.” But the ethno-nationalist direction of the country bothers me as a Jew, and I hope that the court remains there to prevent it from deepening further.
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Israel Becomes World’s 7th Largest Arms Exporter
Israel’s Iron Dome missile defense system, on display during a visit by US President Joe Biden. Photo: Ariel Hermoni / Ministry of Defense
Israel has become the world’s seventh-largest arms exporter, steadily increasing its share of global weapons sales even amid a multi-front war and mounting international criticism, according to a new report.
On Monday, the Swedish-based Stockholm International Peace Research Institute (SIPRI) released its latest report on global arms exports, analyzing trends from the last five years (2021–2025) and comparing them with the previous period (2016–2020).
For the first time, Israel has surpassed Great Britain to become the world’s seventh-largest arms exporter, with its share of global weapons sales rising to 4.4 percent in 2021–2025, up from 3.1 percent in the previous period.
“Despite conducting the war in Gaza and attacks in Iran, Lebanon, Qatar, Syria, and Yemen, Israel still managed to increase its share of global arms exports,” Zain Hussain, researcher at SIPRI’s Arms Transfers Program, said in a statement.
According to the newly released report, Israel also ranked as the 14th-largest arms importer in the world, acquiring most of its weapons from the United States (68 percent) and Germany (31 percent), with a small share from Italy (1 percent), showing that arms embargoes and international criticism have done little to slow its defense trade.
Overall, the total volume of the global arms trade rose by 9.2 percent in the last five years compared to the previous period, with European nations more than tripling their weapons imports to become the world’s largest arms-importing region amid rising regional tensions with Russia and escalating conflict in the Middle East.
The US continued to be the world’s largest arms exporter in 2021–2025, holding a 42 percent share of global sales, followed by France (9.8 percent), Russia (6.8 percent), Germany (5.7 percent), China (5.6 percent), Italy (5.1 percent), and Israel.
Among Middle Eastern countries, Saudi Arabia leads as the top purchaser of American arms with 12 percent of sales, followed by Qatar and Kuwait, while Israel ranks 12th globally, receiving just 3.1 percent of all US arms exports
SIPRI’s latest report comes as the Jewish state faces growing international pressure, with European states among the most vocally critical and threatening arms embargoes over Israel’s defensive war against the Palestinian terrorist group Hamas in Gaza and its military campaign against Iran.
Despite these threats, Israel’s arms exports have continued to grow, solidifying its position as a leading player in the global weapons market.
For example, the UK and Germany have pressed ahead with arms purchases from Israel despite repeated threats and public warnings to suspend defense trade, signaling the limits of international pressure.
Israel now supplies 8.2 percent of British arms purchases, second only to the US, which accounts for 85 percent.
In Israel’s biggest-ever arms export deal, Germany recently acquired the Arrow missile defense system, marking the largest weapons sale in the country’s history.
According to the SIPRI report, Israel’s growth in global arms exports was driven primarily by international sales of air defense systems, even as the country faced heavy domestic demand for weapons amid a multi-front war.
Overall, Israel sold arms to 23 European countries (41 percent of its total exports), 10 Asian countries (40 percent), five in North and Latin America (8.6 percent), and seven African nations.
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I was sexually abused at my synagogue as a child. Here’s how our community can protect others from that horror
This week, I settled a lawsuit that I filed nearly five years ago against the synagogue in New Jersey where I was sexually abused in the 1990s while learning to read Torah. The settlement agreement is significant because of its restorative focus, which I designed intentionally to help make my childhood community a safer place for children. Here is my full story.
I am glad to see these developments. But it should not have taken years of litigation to force a synagogue to implement protective measures that should be part of the work of every Jewish organization that counts children as part of its community.
My experience, and the enablement of my abuser by multiple Jewish institutions, fuels my passion to advocate for change in how Jewish institutions approach child safety.
Many Jewish institutions still struggle to follow basic policies and procedures for handling these kinds of incidents when they are put to the test — although, in recent years, more have proactively adopted policies and procedures and implemented training programs that help.
But safeguarding Jewish institutions from child predators requires more than a set of rules. It requires that Jewish leaders have an informed understanding of the topic, and more importantly, have the courage to speak up and make difficult decisions. The Jewish community desperately needs more of both.
Here’s what needs to be done.
Appreciate the danger within
Combating child sex abuse starts with understanding that 93% of sex crimes committed against children are perpetrated by someone the child knows and trusts. Jewish institutions must begin to reckon more thoroughly with that fact.
On a recent visit to a Jewish day school, an administrator told me that she runs background checks on everyone who enters campus, including every vendor and contractor, without fail. When I asked if she ran a background check on me, she demurred.
I understand why. But Jewish institutions need to find a way to effuse warmth and community without shortcutting safety.
Train kids and parents, not just teachers
One way to begin this work is to bring children and parents into abuse prevention training, in which teachers are already generally required to participate. This kind of training teaches us how to recognize grooming behavior, which is prevalent in most cases of child sex abuse.
Professional training also helps parents learn how to talk to their children about sensitive topics, which reduces a predator’s ability to prey on a child’s natural curiosity. My own children’s day school recently hired ChildUSA to audit its child safety policies. Later, it conducted age-appropriate student training, followed by an abuse prevention workshop for parents. It’s an easy but highly effective example that all day schools should follow, yet few do.
Draw clearer lines
Another way that we can reduce child sex abuse is by better defining red lines, and by proactively responding to inappropriate behavior.
A few years ago, I alerted a Chabad rebbetzin that a regular congregant watched pornography on his cell phone during Rosh Hashanah services. “It only happened once,” she said, and besides, “he has dementia — where’s your compassion!” Other colleagues breathed a sigh of relief — “at least he didn’t touch anyone.”
Our instinct is to try and explain malbehavior through an innocent lense, but when it comes to sexual boundaries, we should resist that urge. Sexual predators intentionally push both physical and conversational boundaries to normalize their behavior. We need to recognize boundary-pushing and appreciate its role as a grooming tactic.
Prioritize the safety and wellbeing of survivors
Yes, our tradition teaches us to be slow to judgment and quick to compassion. It’s a wise dictate, but not one appropriately applied to convicted child abusers, especially as data shows they often reoffend. The Orthodox community in Englewood, New Jersey allowed my abuser to fully participate in communal life long after discovering he had hidden multiple convictions. Some leaders admonished their community as insufficiently compassionate for having concerns about his involvement.
Their mistake: practicing more compassion for a child abuser than for his victims.
Predators tend to find many ways to get close to their victims, and often frequent multiple communities to maximize their pool of victims and to avoid detection of their behavior. These are both textbook characteristics of how my abuser has long operated. Jewish leaders need to speak up, both within their own communities, and when they know predators have moved to new ones.
Conduct transparent investigations
When faced with a case of suspected abuse, it’s imperative that institutions conduct a transparent, independent investigation, and disclose its entire contents, redacting only information that could identify a victim.
Too often, Jewish institutions conduct internal reviews, only disclosing a summary rather than exposing the entire process to public scrutiny. Such exercises often allow an institution to maintain legal privilege over the contents of the report, thus preventing its contents from being used against it.
These investigations are, therefore, largely performative. Putting children first means Jewish institutions should commit to complete transparency to allow the public to fully understand what occurred and how it was handled, and to ensure that conflicts are properly managed.
Prioritize accountability
Holding Jewish institutional leadership accountable for their actions — and inaction — is needed to ensure that child safety is handled professionally. Accountability means articulating standards of expected conduct, and taking remedial action — like relieving bad actors of their jobs — when conduct falls below the standard.
Community members, lay leadership, and the professional organizations that provide the backbone for institutional Jewish leadership — such as the Rabbinical Assembly — need to be more proactive in holding clergy accountable.
If you sit on the board of a day school, camp or synagogue, you must ask whether your institution is doing everything possible to create a safe environment for kids.
Do you have a child safety policy? Does your board include people with a background in child safety and abuse prevention? Have you participated in abuse prevention training?
If your institution is dealing with a sensitive matter, are you working with professionals who have experience in abuse prevention? If your institution mishandled a case, have you owned up to it?
And finally, if you’re reading this and survived being sexually abused as a child, I believe you and I support you. It’s not your fault. And you have the right to speak up and be heard at the time of your choosing.
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This Jewish philosopher knows our politics are absurd — and why that’s a good thing
Should we survive the next three years, the odds are good we will look back on Donald Trump’s second presidency as the “Years of Living Absurdly.” This, at least, is the view of media outlets, ranging from the Wall Street Journal and Financial Times to The Daily Beast and The Guardian, on the dizzying variety of the president’s words and actions.
But there is the politically absurd and, well, the philosophically absurd. For the latter, a good place to start is with the contemporary philosopher Thomas Nagel, who was born to German-Jewish refugees living in prewar Belgrade who then immigrated to the United States after the war’s end. Perhaps understandably, Nagel had an ironic take on the word.
In 1970, this professor of philosophy at New York University, perhaps best known for his essay “What Is It Like to Be a Bat?”, published “The Absurd,” an essay which could be thought of as “What Is It Like to Be in an Absurd World?” In a dozen sharp and snappy pages, Nagel makes the case — unusual for most professional philosophers who treat the “absurd” with either skepticism or scorn — that “absurdity is one of the most human things about us: a manifestation of our most advanced and interesting characteristics.”
Of course, when we hear the word “absurd,” some of us tend to think of Albert Camus. That we do so is not at all absurd. After all, when he was still an unknown 20-something, he declared that “the feeling of absurdity can strike us in the face at any street corner.” In other words, at one point or another in most of our lives, we have reason to look to the skies and ask what the reason is to our lives — and fail to receive an answer.
“The absurd is born,” Camus writes, “from this confrontation between the human need and the unreasonable silence of the world.”
The young Camus eventually found the reason in rebelling against this absurd condition, finding meaning not beyond, but in this world. Yet Nagel did not fall for this youthful and heroic response. “It seems to me,” he drily observes, “romantic and slightly self-pitying.” But he nevertheless acknowledged that Camus was on to something essential and enduring. It is simply that our absurdity “warrants neither that much distress nor that much defiance.”
Though I fell hard for Camus, I wonder if Nagel is on to something important. He suggests that we think of the absurd as a form of epistemological skepticism. By this, he means our unbreakable habit of taking the world, and everything which constitutes it, for granted. We cannot help but do so even though we can always provide excellent philosophical reasons for not doing so. You know the familiar variations on this tune. For example, how do I know that what I unthinkingly take for reality is not a dream (or nightmare)? Or, for that matter, how do I know what I unconsciously take for my embodied or physical self is not simply an electrical impulse sent to a brain floating in a vat? And so on.
Despite these skeptical doubts that reason cannot satisfactorily answer, I nevertheless experience the table where I am now sitting as very real and not a dream. And I live my life as if “I” am the white-haired figure I see in the mirror, one who also enjoys life. Nagel quotes a famous line by the Scottish skeptic, David Hume: “Since reason is incapable of dispelling these clouds, nature herself suffices…I play a game of backgammon, I converse, and I am merry with friends.” As for the skeptical speculations, they are filed away for another day of philosophizing.
To think absurdly, Nagel suggests, is not unlike to think skeptically. It happens when we question not the reality of the world, but instead the seriousness with which we treat it. While I might well insist on the very real possibility that life is meaningless — a position I underscore in my existentialism class with all the gravitas an aging academic can muster — I confess that, phony that I am, I do take my life very seriously. And, moreover, this is what I wish my students would do.
When we step away, if only mentally and momentarily, from the world we take so seriously, Nagel believes we win something important — namely, the ability “to appreciate the cosmic unimportance” of our situation. By “transcending ourselves in thought,” we adopt a view from above — an ironic perspective — that provides the critical distance necessary to take our lives less seriously.
We can and must, as Camus argues, rebel against an unjust and unraveling world. The situation in which we find ourselves as a nation — one at the mercy of a merciless and monstrous ego — is existentially important. But is it not, from a certain perspective, also absurdly unimportant? This is the gift of ironic distance; by “making us spectators of our own lives,” we can smile at the spectacle in which we all have roles.
But irony, if I understand Nagel rightly, is also a burden. Our late-night comics are masters at slicing the men and women who run our country down to size, but here is the rub: While we are busy delighting in the deflation of these oversized egos, we are also delighting in the inflation of our own. We take comfort in our superior smarts and morals, but as we all discover sooner or later, this comfort proves as lasting as a May fly.
As the philosopher Alexander Nehamas has suggested, true irony, or at least the irony practiced by Plato in his dialogues, is meant not only to knock the fools in power down a peg or two, but also those who are busy laughing — e.g., you and me. In an age which pits one half of the country against the other, no lesson — one that teaches modesty and humility — seems more vital.
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