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How to Understand the Groundbreaking Decision of Israel’s Supreme Court
A view shows Israelis protesting, as Israeli Prime Minister Benjamin Netanyahu’s nationalist coalition government presses on with its judicial overhaul, in Tel Aviv, Israel March 25, 2023. Photo: REUTERS/Oren Alon
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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Security Warning to Israelis Vacationing Abroad Ahead of holidays
A passenger arrives to a terminal at Ben Gurion international airport before Israel bans international flights, January 25, 2021. REUTERS/Ronen Zvulun
i24 News – Ahead of the Jewish High Holidays, Israel’s National Security Council (NSC) published the latest threat assessment to Israelis abroad from terrorist groups to the public on Sunday, in order to increase the Israeli public’s awareness of the existing terrorist threats around the world and encourage individuals to take preventive action accordingly.
The NSC specified that the warning is an up-to-date reflection of the main trends in the activities of terrorist groups around the world and their impact on the level of threat posed to Israelis abroad during these times, but the travel warnings and restrictions themselves are not new.
“As the Gaza war continues and in parallel with the increasing threat of terrorism, the National Security Headquarters stated it has recognized a trend of worsening and increasing violent antisemitic incidents and escalating steps by anti-Israel groups, to the point of physically harming Israelis and Jews abroad. This is in light of, among other things, the anti-Israel narrative and the negative media campaign by pro-Palestinian elements — a trend that may encourage and motivate extremist elements to carry out terrorist activities against Israelis or Jews abroad,” the statement read.
“Therefore, the National Security Bureau is reinforcing its recommendation to the Israeli public to act with responsibility during this time when traveling abroad, to check the status of the National Security Bureau’s travel warnings (before purchasing tickets to the destination,) and to act in accordance with the travel warning recommendations and the level of risk in the country they are visiting,” it listed, adding that, as illustrated in the past year, these warnings are well-founded and reflect a tangible and valid threat potential.
The statement also emphasized the risk of sharing content on social media networks indicating current or past service in the Israeli security forces, as these posts increase the risk of being marked by various parties as a target. “Therefore, the National Security Council recommends that you do not upload to social networks, in any way, content that indicates service in the security forces, operational activity, or similar content, as well as real-time locations.”
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Israel Intensifies Gaza City Bombing as Rubio Arrives
Displaced Palestinians, fleeing northern Gaza due to an Israeli military operation, move southward after Israeli forces ordered residents of Gaza City to evacuate to the south, in the central Gaza Strip September 14, 2025. Photo: REUTERS/Mahmoud Issa
Israeli forces destroyed at least 30 residential buildings in Gaza City and forced thousands of people from their homes, Palestinian officials said, as US Secretary of State Marco Rubio arrived on Sunday to discuss the future of the conflict.
Israel has said it plans to seize the city, where about a million Palestinians have been sheltering, as part of its declared aim of eliminating the terrorist group Hamas, and has intensified attacks on what it has called Hamas’ last bastion.
The group’s political leadership, which has engaged in on-and-off negotiations on a possible ceasefire and hostage release deal, was targeted by Israel in an airstrike in Doha on Tuesday in an attack that drew widespread condemnation.
Qatar will host an emergency Arab-Islamic summit on Monday to discuss the next moves. Rubio said Washington wanted to talk about how to free the 48 hostages – of whom 20 are believed to be still alive – still held by Hamas in Gaza and rebuild the coastal strip.
“What’s happened, has happened,” he said. “We’re gonna meet with them (the Israeli leadership). We’re gonna talk about what the future holds,” Rubio said before heading to Israel where he will stay until Tuesday.
ABRAHAM ACCORDS AT RISK
He was expected to visit the Western Wall Jewish prayer site in Jerusalem on Sunday with Prime Minister Benjamin Netanyahu and hold talks with him during the visit.
US officials described Tuesday’s strike on the territory of a close US ally as a unilateral escalation that did not serve American or Israeli interests. Rubio and US President Donald Trump both met Qatar’s Prime Minister Mohammed bin Abdulrahman Al-Thani on Friday.
Netanyahu signed an agreement on Thursday to push ahead with a settlement expansion plan that would cut across West Bank land that the Palestinians seek for a state – a move the United Arab Emirates warned would undermine the US-brokered Abraham accords that normalized UAE relations with Israel.
Israel, which blocked all food from entering Gaza for 11 weeks earlier this year, has been allowing more aid into the enclave since late July to prevent further food shortages, though the United Nations says far more is needed.
It says it wants civilians to leave Gaza City before it sends more ground forces in. Tens of thousands of people are estimated to have left but hundreds of thousands remain in the area. Hamas has called on people not to leave.
Israeli army forces have been operating inside at least four eastern suburbs for weeks, turning most of at least three of them into wastelands. It is closing in on the center and the western areas of the territory, where most of the displaced people are taking shelter.
Many are reluctant to leave, saying there is not enough space or safety in the south, where Israel has told them to go to what it has designated as a humanitarian zone.
Some say they cannot afford to leave while others say they were hoping the Arab leaders meeting on Monday in Qatar would pressure Israel to scrap its planned offensive.
“The bombardment intensified everywhere and we took down the tents, more than twenty families, we do not know where to go,” said Musbah Al-Kafarna, displaced in Gaza City.
Israel said it had completed five waves of air strikes on Gaza City over the past week, targeting more than 500 sites, including Hamas reconnaissance and sniper sites, buildings containing tunnel openings and weapons depots.
Local officials, who do not distinguish between militant and civilian casualties, say at least 40 people were killed by Israeli fire across the enclave, a least 28 in Gaza City alone.
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Turkey Warns of Escalation as Israel Expands Strikes Beyond Gaza
Turkey’s President Tayyip Erdogan speaks during a press conference with Greek Prime Minister Kyriakos Mitsotakis (not seen) at the Presidential Palace in Ankara, Turkey, May 13, 2024. Photo: REUTERS/Umit Bektas
i24 News – An Israeli strike targeting Hamas officials in Qatar has sparked unease among several Middle Eastern countries that host leaders of the group, with Turkey among the most alarmed.
Officials in Ankara are increasingly worried about how far Israel might go in pursuing those it holds responsible for the October 7 attacks.
Israel’s prime minister effectively acknowledged that the Qatar operation failed to eliminate the Hamas leadership, while stressing the broader point the strike was meant to make: “They enjoy no immunity,” the government said.
On X, Prime Minister Netanyahu went further, writing that “the elimination of Hamas leaders would put an end to the war.”
A senior Turkish official, speaking on condition of anonymity, summed up Ankara’s reaction: “The attack in Qatar showed that the Israeli government is ready to do anything.”
Legally and diplomatically, Turkey occupies a delicate position. As a NATO member, any military operation or targeted killing on its soil could inflame tensions within the alliance and challenge mutual security commitments.
Analysts caution, however, that Israel could opt for covert measures, operations carried out without public acknowledgement, a prospect that has increased anxiety in governments across the region.
Israeli officials remain defiant. In an interview with Ynet, Minister Ze’ev Elkin said: “As long as we have not stopped them, we will pursue them everywhere in the world and settle our accounts with them.” The episode underscores growing fears that efforts to hunt Hamas figures beyond Gaza could widen regional friction and complicate diplomatic relationships.