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How to Understand the Groundbreaking Decision of Israel’s Supreme Court
In a stunning 8-7 decision, the Israeli Supreme Court struck down the Knesset’s “Reasonableness Law,” a new “Basic Law ” that was intended to limit the court’s ability to exercise oversight over Knesset legislation.
This is the first time in Israeli history that the Court has struck down a Basic Law, meaning that, ironically, the first concrete effect of Prime Minister Netanyahu’s judicial reform efforts have been an increase in the Supreme Court’s powers. And a vast majority of the Supreme Court agreed that justices do have the power to strike down Basic Laws in the future.
Though it may seem less dramatic than the ongoing war against Hamas, hundreds of thousands of protesters recently took to the streets on this very topic, and this Supreme Court decision will impact the lives of Israelis long after the war is over. Here’s what you need to know.
Israel has no constitution
Israel’s lack of a constitution means that its political structure is still evolving. In the United States, the Constitution is the primary legal power and the court system is empowered to strike down any legislation or executive order that violates it as “unconstitutional.” The only way to overrule the US Supreme Court is through a Constitutional amendment, which can be passed only through a “super majority” vote: consisting of 75% of all the state legislatures.
Without a constitution, there can be no such thing as “unconstitutional.” Instead, Israel has the “Basic Laws,” a set of legislation that governs individual rights and balance of powers: a kind of equivalent of America’s Constitutional amendments but with one key difference — Israel’s Basic Laws can be changed via a simple majority vote in the Knesset.
This means that any coalition which controls the Knesset can theoretically exercise unlimited power, including over the Supreme Court. How then, does Israel’s Supreme Court provide the necessary checks and balances?
For one thing, as part of its decision this week, Israel’s Supreme Court ruled 12-3 that it does indeed have the power to strike down a Basic Law, a fundamental difference from the United States where the Supreme Court is subordinate to the Constitution.
In addition, for years the Israeli Supreme Court has struck down executive orders and administrative decisions that it deems “unreasonable.” (This does not relate to overturning actual laws, which is done via a different mechanism.)
Prime Minister Benjamin Netanyahu and other proponents of this judicial reform refer to the Reasonableness Standard as an excessive and unstructured power in the hands of un-elected judges. Indeed, the power to define any law as “unreasonable” rather than specifically unconstitutional could allow Israel’s Supreme Court to overstep its proper powers.
Yet the power of the legislature to effectively change the country’s very structure by passing Basic Laws is also excessive. Until now, these two excesses had somewhat sloppily, but effectively, canceled each other out: the very “balance of chaos” that characterizes the miracle of Israeli society.
In March of 2023, Israeli President Herzog suggested a compromise that would limit the Court’s ability to strike down laws based on “reasonableness,” but would also limit the Knesset’s ability to pass Basic Laws without a super-majority vote, thus maintaining the necessary balance of power and moving Israel closer to an American style system. However, the compromise was rejected.
What happens now?
Members of the current ruling coalition have vigorously objected to the Court’s decision, in some cases stating that they would “not accept” it, though it is unclear exactly what action the legislature could take in that regard.
The Court itself is already changing, with some of its members retiring and no clarity as to who will replace them. Similarly, the disastrous intelligence and security failures of October 7 will probably put an end to the careers of many in Israel’s political leadership, though such transitions will likely occur only after the ongoing war is complete.
So there remain a lot of unknowns on the political level as to how this decision will play out in the future, or who will be in power when it does, but one thing is certain: Israel’s Supreme Court has decided by a wide margin that it can, and has demonstrated through its actions that it will, strike down even a Basic Law when the Court feels it is appropriate to do so.
Young Democracy
In its first 100 years, the United States saw the infamous Sedition Act, an actual gun duel between the Vice President and the Secretary of the Treasury, and of course, secession and the American Civil War.
In its first 200 years as an emerging democracy, Britain faced several civil wars and rebellions, as well as the society wrenching Reformation.
At only 75 years old, Israel is actually unusually stable compared to the turbulent early histories of most democracies, Israel’s arguments have been passionate but peaceful, and its laws are still evolving. While it is completely appropriate to feel care and concern over Israel’s evolution, it is not yet time to assume catastrophe.
Daniel Pomerantz is the CEO of RealityCheck, a think tank dedicated to deepening public conversation through robust research studies and public speaking. He previously worked as a lawyer in the United States, including in the field of international law. Daniel lives in Tel Aviv, Israel, where he lectures at Reichman and Bar Ilan Universities, to soldiers of the IDF and the US Marine Corps, and frequently appears on international media. You can learn more about RealityCheck at: www.RealityCheckResearch.org.
The post How to Understand the Groundbreaking Decision of Israel’s Supreme Court first appeared on Algemeiner.com.
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Letter from Vancouver: A monument draws on Jewish tradition to remember victims of Oct. 7
The garden of Temple Sholom Synagogue in Vancouver is a serene and contemplative place to remember the horrific events of Oct. 7, 2023—and the Israeli civilians, soldiers and foreign nationals who […]
The post Letter from Vancouver: A monument draws on Jewish tradition to remember victims of Oct. 7 appeared first on The Canadian Jewish News.
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Israel-Lebanon Ceasefire Deal ‘Tantamount to a Hezbollah Defeat,’ Says Leading War Studies Think Tank
The terms of the newly minted ceasefire agreement to halt fighting between Israel and Hezbollah amounts to a defeat for the Lebanese terrorist group, although the deal may be difficult to implement, according to two leading US think tanks.
The deal requires Israeli forces to gradually withdraw from southern Lebanon, where they have been operating since early October, over the next 60 days. Meanwhile, the Lebanese army will enter these areas and ensure that Hezbollah retreats north of the Litani River, located some 18 miles north of the border with Israel. The United States and France, who brokered the agreement, will oversee compliance with its terms.
The Institute for the Study of War (ISW), in conjunction with the American Enterprise Institute’s Critical Threats Project (CTP), explained the implications of the deal on Tuesday in their daily Iran Update, “which provides insights into Iranian and Iranian-sponsored activities that undermine regional stability and threaten US forces and interests.” Hezbollah, which wields significant political and military influence across Lebanon, is the chief proxy force of the Iranian regime.
In its analysis, ISW and CTP explained that the deal amounts to a Hezbollah defeat for two main reasons.
First, “Hezbollah has abandoned several previously-held ceasefire negotiation positions, reflecting the degree to which IDF [Israel Defense Forces] military operations have forced Hezbollah to abandon its war aims.”
Specifically, Hezbollah agreeing to a deal was previously contingent on a ceasefire in Gaza, but that changed after the past two months of Israeli military operations, during which the IDF has decimated much of Hezbollah’s leadership and weapons stockpiles through airstrikes while attempting to push the terrorist army away from its border with a ground offensive.
Additionally, the think tanks noted, “current Hezbollah Secretary General Naim Qassem has also previously expressed opposition to any stipulations giving Israel freedom of action inside Lebanon,” but the deal reportedly allows Israel an ability to respond to Hezbollah if it violates the deal.
Second, the think tanks argued that the agreement was a defeat for Hezbollah because it allowed Israel to achieve its war aim of making it safe for its citizens to return to their homes in northern Israel.
“IDF operations in Lebanese border towns have eliminated the threat of an Oct. 7-style offensive attack by Hezbollah into northern Israel, and the Israeli air campaign has killed many commanders and destroyed much of Hezbollah’s munition stockpiles,” according to ISW and CTP.
Some 70,000 Israelis living in northern Israel have been forced to flee their homes over the past 14 months, amid unrelenting barrages of rockets, missiles, and drones fired by Hezbollah in Lebanon. Hezbollah began its attacks last Oct. 8, one day after the Palestinian terrorist group Hamas’s invasion of and massacre across southern Israel. The Jewish state had been exchanging fire with Hezbollah but intensified its military response over the past two months.
Northern Israelis told The Algemeiner this week that they were concerned the new ceasefire deal could open the door to future Hezbollah attacks, but at the same time the ceasefire will allow many of them the first opportunity to return home in a year.
ISW and CTP also noted in their analysis that Israel’s military operations have devastated Hezbollah’s leadership and infrastructure. According to estimates, at least 1,730 Hezbollah terrorists and upwards of 4,000 have been killed over the past year of fighting.
While the deal suggested a defeat of sorts for Hezbollah and the effectiveness of Israel’s military operations, ISW and CTP also argued that several aspects of the ceasefire will be difficult to implement.
“The decision to rely on the Lebanese Armed Forces (LAF) and UN observers in Lebanon to respectively secure southern Lebanon and monitor compliance with the ceasefire agreement makes no serious changes to the same system outlined by UN Security Council Resolution 1701, which ended the 2006 Israel-Hezbollah war,” they wrote.
Resolution 1701 called for the complete demilitarization of Hezbollah south of the Litani River and prohibited the presence of armed groups in Lebanon except for the official Lebanese army and the UN Interim Force in Lebanon (UNIFIL).
This may be an issue because “neither the LAF nor the UN proved willing or able to prevent Hezbollah from reoccupying southern Lebanon and building new infrastructure. Some LAF sources, for example, have expressed a lack of will to enforce this ceasefire because they believe that any fighting with Hezbollah would risk triggering ‘civil war,’” the think tanks assessed.
Nevertheless, the LAF is going to deploy 5,000 troops to the country’s south in order to assume control of their own territory from Hezbollah.
However, the think tanks added, “LAF units have been in southern Lebanon since 2006, but have failed to prevent Hezbollah from using the area to attack Israel.”
The post Israel-Lebanon Ceasefire Deal ‘Tantamount to a Hezbollah Defeat,’ Says Leading War Studies Think Tank first appeared on Algemeiner.com.
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What Nutmeg and the Torah Teach Us About Securing a Long-Term Future
Here’s a fact from history you may not know. In 1667, the Dutch and the British struck a trade deal that, in retrospect, seems so bizarre that it defies belief.
As part of the Treaty of Breda — a pact that ended the Second Anglo-Dutch War and aimed to solidify territorial claims between the two powers — the Dutch ceded control of Manhattan to the British.
Yes, that Manhattan — the self-proclaimed center of the universe (at least according to New Yorkers), home to Wall Street, Times Square, and those famously overpriced bagels.
And what did the Dutch get in return? Another island — tiny Run, part of the Banda Islands in Indonesia.
To put things in perspective, Run is minuscule compared to Manhattan — barely 3 square kilometers, or roughly half the size of Central Park. Today, it’s a forgotten dot on the map, with a population of less than 2,000 people and no significant industry beyond subsistence farming. But in the 17th century, Run was a prized gem worth its weight in gold — or rather, nutmeg gold.
Nutmeg was the Bitcoin of its day, an exotic spice that Europeans coveted so desperately they were willing to risk life and limb. Just by way of example, during the early spice wars, the Dutch massacred and enslaved the native Bandanese people to seize control of the lucrative nutmeg trade.
From our modern perspective, the deal seems ridiculous — Manhattan for a pinch of nutmeg? But in the context of the 17th century, it made perfect sense. Nutmeg was the crown jewel of global trade, and controlling its supply meant immense wealth and influence. For the Dutch, securing Run was a strategic move, giving them dominance in the spice trade, and, let’s be honest, plenty of bragging rights at fancy Dutch banquets.
But history has a funny way of reshaping perspectives. What seemed like a brilliant play in its time now looks like a colossal miscalculation — and the annals of history are filled with similar trades that, in hindsight, make us scratch our heads and wonder, what were they thinking?
Another contender for history’s Hall of Fame in ludicrous trades is the Louisiana Purchase. In 1803, Napoleon Bonaparte, who was strapped for cash and eager to fund his military campaigns, sold a vast swath of North America to the nascent United States for a mere $15 million. The sale included 828,000 square miles — that’s about four cents an acre — that would become 15 states, including the fertile Midwest and the resource-rich Rocky Mountains.
But to Napoleon, this was a strategic no-brainer. He even called the sale “a magnificent bargain,” boasting that it would “forever disarm” Britain by strengthening its rival across the Atlantic. At the time, the Louisiana Territory was seen as a vast, undeveloped expanse that was difficult to govern and defend. Napoleon viewed it as a logistical burden, especially with the looming threat of British naval power. By selling the territory, he aimed to bolster France’s finances and focus on European conflicts.
Napoleon wasn’t shy about mocking his enemies for their mistakes, once quipping, “Never interrupt your enemy when he is making a mistake.” But in this case, it’s tempting to imagine him swallowing those words as the United States grew into a global superpower thanks, in no small part, to his so-called bargain.
While he may have considered Louisiana to be a logistical headache — too far away and too vulnerable to British attacks — the long-term implications of the deal were staggering. What Napoleon dismissed as a far-off backwater turned out to be the world’s breadbasket, not to mention the backbone of America’s westward expansion.
Like the Dutch and their nutmeg gamble, Napoleon made a trade that no doubt seemed brilliant at the time — but, with hindsight, turned into a world-class blunder. It’s the kind of decision that reminds us just how hard it is to see past the urgency of the moment and anticipate the full scope of consequences.
Which brings me to Esav. You’d think Esav, the firstborn son of Yitzchak and Rivka, would have his priorities straight. He was the guy — heir to a distinguished dynasty that stretched back to his grandfather Abraham, who single-handedly changed the course of human history.
But one fateful day, as recalled at the beginning of Parshat Toldot, Esav stumbles home from a hunting trip, exhausted and ravenous. The aroma of Yaakov’s lentil stew hits him like a truck. “Pour me some of that red stuff!” he demands, as if he’s never seen food before.
Yaakov, never one to pass up an opportunity, doesn’t miss a beat.
“Sure, but only in exchange for your birthright,” he counters casually, as if such transactions are as common as trading baseball cards. And just like that, Esav trades his birthright for a bowl of soup. No lawyers, no witnesses, not even a handshake — just an impulsive decision fueled by hunger and a staggering lack of foresight.
The Torah captures the absurdity of the moment: Esav claims to be “on the verge of death” and dismisses the birthright as worthless. Any future value — material or spiritual — is meaningless to him in that moment. All that matters is satisfying his immediate needs.
So, was it really such a terrible deal? Psychologists have a term for Esav’s behavior: hyperbolic discounting — a fancy term for our tendency to prioritize immediate rewards over bigger, long-term benefits.
It’s the same mental quirk that makes splurging on a gadget feel better than saving for retirement, or binge-watching a series more appealing than preparing for an exam. For Esav, the stew wasn’t just a meal — it was the instant solution to his discomfort, a quick fix that blinded him to the larger, long-term value of his birthright.
It’s the classic trade-off between now and later: the craving for immediate gratification often comes at the expense of something far more significant. Esav’s impulsive decision wasn’t just about hunger — it was about losing sight of the future in the heat of the moment.
Truthfully, it’s easy to criticize Esav for his shortsightedness, but how often do we fall into the same trap? We skip meaningful opportunities because they feel inconvenient or uncomfortable in the moment, opting for the metaphorical lentil stew instead of holding out for the birthright.
But the Torah doesn’t include this story just to make Esav look bad. It’s there to highlight the contrast between Esav and Yaakov — the choices that define them and, by extension, us.
Esav represents the immediate, the expedient, the here-and-now. Yaakov, our spiritual forebear, is the embodiment of foresight and patience. He sees the long game and keeps his eye on what truly matters: Abraham and Yitzchak’s legacy and the Jewish people’s spiritual destiny.
The message of Toldot is clear: the choices we make in moments of weakness have the power to shape our future — and the future of all who come after us. Esav’s impulsiveness relegated him to a footnote in history, like the nutmeg island of Run or France’s control over a vast portion of North America.
Meanwhile, Yaakov’s ability to think beyond the moment secured him a legacy that continues to inspire and guide us to this day — a timeless reminder that true greatness is not built in a moment of indulgence, but in the patience to see beyond it.
The author is a rabbi in Beverly Hills, California.
The post What Nutmeg and the Torah Teach Us About Securing a Long-Term Future first appeared on Algemeiner.com.
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