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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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New CD of Yiddish children’s songs by Vilna-born composer David Botwinik
A new CD was released this year of delightful Yiddish children’s songs, composed by the Vilna-born musician David Botwinik who died in 2022 at the age of 101.
The album, Zumer iz shoyn vider do, which translates to “Summer is finally here again”, was compiled by Botwinik’s son, Sender Botwinik. It features 36 tracks of melodies composed by David Botwinik set to the works of various Yiddish poets, including David Botwinik himself.
The text and music for most of the songs were originally published in Botwinik’s seminal songbook, From Holocaust to Life, published in 2010 by the League for Yiddish. On this new CD, these songs are brought to life through the voices of both children and adults, with Sender Botwinik on the piano; Ken Richmond on violin; Shira Shazeer on accordion, and Richmond and Shazeer’s son Velvel on trombone.
These recordings are valuable not only for people familiar with the Yiddish language and culture, but also for others looking for resources and inspiration. Singers, music teachers, choir conductors and Yiddish language students will find a treasure trove of songs about the Jewish holidays, family, nature and celebration.
Born in Vilna in 1920, composer David Botwinik’s life was filled with music and creativity from his earliest years. As a young child, he would walk with his father to hear the cantors at the Vilna shtotshul — the main synagogue in what is now Vilnius, Lithuania.
At age 11, he became a khazndl, a colloquial Yiddish term for a child cantor, performing in several synagogues in Vilna. At 12, he composed his first melodies. Later he undertook advanced musical study in Rome.
In 1956, he settled in Montreal, soon to become a leading figure in the city’s thriving Yiddish cultural scene. He worked as a music teacher, choir director, writer and publisher. As he wrote in From Holocaust to Life, he sought, most of all, to “encourage maintaining Yiddish as a living language.”
There are many standout pieces on the CD, but I want to point out several whose lyrics, in addition to the melody, were written by David Botwinik himself. “Zumer” (Summer), the first song on the recording, gives the CD its title. In a Zoom interview with Sender and his wife, Naomi, they said that “Zumer” won first prize in a Jewish song competition in Canada in 1975, and that he remembered singing in his father’s choir for the competition.
“Zumer” is a jaunty earworm that opens with a recording of David Botwinik reading the lyrics, followed by the song itself, performed by a magnificent chorus of children from four Yiddish-speaking families who met years ago at the annual Yiddish Vokh retreat in Copake, New York.
Another standout song is “Shabes-lid” (Sabbath Song) which David Botwinik’s grandchild Dina Malka Botwinik sings with a pure, other-worldly sound:
Sholem-aleykhem, shabes-lebn,
Brengen ru hot dikh Got gegebn,
Ale mide tsu baglikn,
Likht un freyd zey shikn.
“Sholem-aleykhem, shabes shenster,”
Shvebt a gezang durkh ale fentster,
Shabes shenster, shabes libster,
Tayerer, heyliker du.
Welcome, dear Shabbos,
Given by God to bring us rest,
To gladden those who are tired
To send them light and joy,
Welcome loveliest Shabbos,
The song drifts from every window.
Loveliest Shabbat, dearest Shabbos
Precious holy one.
Sender Botwinik’s website also includes a track of the same song recorded in the 1960s by the late Cantor Louis Danto. Both recordings are deeply moving.
As we enter the Hanukkah season, I’d like to point out my current favorite of Botwinik’s work, “Haynt iz khanike bay undz” (“Today is Our Holiday, Hanukkah”). Botwinik composed the words and music to this song shortly before his 99th birthday in December 2019.
On the CD, we hear him performing the song for his fellow residents at the assisted living facility Manoir King David, in Cote Saint-Luc, Montreal, with harmonies and accompaniment later added by his son. The lyrics are accessible and the melody is catchy, with clever compositional twists and turns.
This new CD is a beautiful homage to an extraordinary musician and a welcome addition to the world of Yiddish song.
To purchase the album, Zumer iz shoyn vider do, email info@botwinikmusic.com.
The post New CD of Yiddish children’s songs by Vilna-born composer David Botwinik appeared first on The Forward.
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Chicago Man Pleads Guilty to Battering Jewish DePaul University Students
Illustrative: Pro-Hamas protesters setting up an encampment at DePaul University in Chicago, Illinois, United States, on May 5, 2024. Photo: Kyle Mazza via Reuters Connect
A Chicago-area man has pleaded guilty to a misdemeanor battery charge he incurred last year for beating up Jewish pro-Israel students participating in a demonstration at DePaul University.
On Nov. 6, 2024, Adam Erkan, 20, approached Max Long and Michael Kaminsky in a ski mask while shouting antisemitic epithets and statements. He then attacked both students, fracturing Kaminsky’s wrist and inflicting a brain injury on Long, whom he pummeled into an unconscious state.
Law enforcement identified Erkan, who absconded to another location in a car, after his father came forward to confirm that it was his visage which surveillance cameras captured near the scene of the crime. According to multiple reports, the assailant avoided severer criminal penalties by agreeing to plead guilty to lesser offenses than the felony hate crime counts with which he was originally charged.
His accomplice, described as a man in his age group, remains at large.
“One attacker has now admitted guilt for brutally assaulting two Jewish students at DePaul University. That is a step toward justice, but it is nowhere near enough,” The Lawfare Project, a Jewish civil rights advocacy group which represented the Jewish students throughout the criminal proceedings, said in a statement responding to the plea deal. “The second attacker remains at large, and Max and Michael continue to experience ongoing threats. We demand — and fully expect — his swift arrest and prosecution to ensure justice for these students and for the Jewish community harmed by this antisemitic hate crime.”
Antisemitic incidents on US college campuses have exploded nationwide since Hamas’s Oct. 7, 2023, massacre across southern Israel.
Just last month, members of Toronto Metropolitan University’s Students for Justice in Palestine chapter spilled blood and caused the hospitalization of at least one Jewish student after forcibly breaching a venue in which the advocacy group Students Supporting Israel had convened for an event featuring veterans of the Israel Defense Forces (IDF).
The former soldiers agreed to meet Students Supporting Israel (SSI) to discuss their experiences at a “private space” on campus which had to be reserved because the university denied the group a room reservation and, therefore, security personnel that would have been afforded to it. However, someone leaked the event location, leading to one of the most violent incidents of campus antisemitism in recent memory.
By the time the attack ended, three people had been rushed to a local medical facility for treatment of injuries caused by a protester’s shattering the glazing of the venue’s door with a drill bit, a witness, student Ethan Elharrar, told The Algemeiner during an interview.
“One of the individuals had a weapon he used, a drill bit. He used it to break and shatter the door,” Elharrar said. “Two individuals were transported to the hospital because of this. One was really badly cut all his arms and legs, and he had to get stitches. Another is afraid to publicly disclose her injuries because she doesn’t want anything to happen to her.”
The previous month, masked pro-Hamas activists nearly raided an event held on the campus of Pomona College, based in Claremont, California, to commemorate the victims of the Oct. 7. massacre.
Footage of the act which circulated on social media showed the group attempting to force its way into the room while screaming expletives and pro-Hamas dogma. They ultimately failed due to the prompt response of the Claremont Colleges Jewish chaplain and other attendees who formed a barrier in front of the door to repel them, a defense they mounted on their own as campus security personnel did nothing to stop the disturbance.
Pomona College, working with its sister institutions in the Claremont consortium of liberal arts colleges in California (5C), later identified and disciplined some of the perpetrators and banned them from its campus.
In Ann Arbor, Michigan, law enforcement personnel were searching for a man who trespassed the grounds of the Jewish Resource Center and kicked its door while howling antisemitic statements.
“F—k Israel, f—k the Jewish people,” the man — whom multiple reports describe as white, “college-age,” and possibly named “Jake” or “Jay” — screamed before running away. He did not damage the property, and he may have been accompanied by as many as two other people, one of whom shouted “no!” when he ran up to the building.
Around the same time, at Ohio State University, an unknown person or group tacked neo-Nazi posters across the campus which warned, “We are everywhere.”
Follow Dion J. Pierre @DionJPierre.
