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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. 


The post Israeli democracy may not survive a ‘reform’ of its Supreme Court appeared first on Jewish Telegraphic Agency.

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Benjamin Disraeli once saved Britain’s monarchy — the current one may be beyond repair

How ironic that the crisis confronting the British monarchy, sparked by the former Prince Andrew’s ties to Jeffrey Epstein, has occurred on the 145th anniversary of the death of the man in part responsible for reinventing that same institution: Benjamin Disraeli.
In fact, not only did Disraeli transform the monarchy, but as the first (and last) Jew to serve as Britain’s prime minister, he also transformed his religious background from a political liability into a political plus. And he accomplished both one and the other by bringing “poetry, romance, and chivalry” into the life of the person who uttered those words, Queen Victoria. So much so that, upon his death in 1881, she confessed, “I have lost so many dear and valued friends, but none whose loss will be more keenly felt.”

Not a bad send-off for a commoner whose family’s religion still prevented them from holding political office or attending Oxford or Cambridge up until the second half of the century.

This was the reason why the young Disraeli was baptized in the Church of England. His father, a prominent literary scribbler, thought this would ease his son’s way in society. Little did he know how far and fast this would happen.

Starting in his early twenties, Disraeli began to write wildly romantic (and self-promoting) novels, several of which star a brilliant and, predictably, mysterious hero named Sidonia, who prides himself, as did his (possibly mistakenly) creator, on his Sephardic ancestry. Disraeli uses Sidonia to turn the era’s racial prejudices inside out, having him wax on the brilliance of his race’s civilization while the ancestors of the British aristocracy were still mucking about as “Baltic pirates” and “tattooed savages.”

Similarly, when the Irish politician Daniel O’Connell made an antisemitic slur against the twenty-something Disraeli, the latter — in a fashion worthy of Sidonia — declared “Yes, I am a Jew. And when the ancestors of the right honorable gentlemen were brutal savages in an unknown island, mine were priests in the temple of Solomon.” He then challenged O’Connell to a duel, which was happily quashed by the police.

With the same alchemical genius that transmuted the alleged dross of Jewishness into the gold of racial superiority, Disraeli launched his political career, making his way to become leader, rather remarkably, of the Tory conservatives rather than the liberal Whigs. He persuaded his party’s mostly well-born and dull-witted members to embrace both political reform — the Torys pushed through the Second Reform Bill of 1867, which dramatically extended voting rights — and progressive social and economic reforms during his second term as prime minister.

But Disraeli’s most remarkable achievement was not a matter of political or social reform but of monarchical reinvention. It was, quite literally, spectacular and starred the woman now known as the “widow of Windsor.” Following the premature death of her beloved Prince Albert, the stricken Victoria withdrew from public life and turned inward. Grieving and always garbed in black, she ignored her ceremonial duties, often seeking refuge in distant Scotland at her Balmoral estate.

In an echo of the British Crown’s current crisis, republican voices in Parliament began to question the immense sums spent on the monarchy while those on the street began to ridicule the queen. On a sign pinned to the gate at Buckingham Palace, one wag had written: “These premises to be let or sold, the late occupant having retired from business.” For the British public, it felt increasingly as if they were paying a lifelong subscription to a show that had permanently closed.

As a result, when Disraeli reached “the top of the greasy pole” upon becoming prime minister in 1868, his overriding concern was to cultivate his ties with the sovereign. As he confided to the poet Mathew Arnold, “everyone likes flattery; and when you come to royalty you should lay it on with a trowel.”

The newly arrived prime minister was as good as his word. As he wrote in his first message to the queen, “Mr. Disraeli with his humble duty to Your Majesty. He ventures to express his sense of Your Majesty’s most gracious kindness to him and of the high honour which Your Majesty has been graciously pleased to confer on him. He can offer only devotion.”

Swept off her feet by such declarations of devotion, Victoria described her new prime minister as “her kind, good, considerate friend.” She allowed her friend unprecedented privileges, such as front row seats for him and his wife for the wedding of the Prince of Wales, and even more shockingly, the permission to sit during their frequent private audiences, though he insisted on standing.

Disraeli continued to lay it on thick over the course of their relationship. “If your Majesty is ill,” he wrote in the third person during a political crisis, “he is sure he will himself break down. All, really, depends upon your Majesty.”

“He lives for Her,” he continued, “works only for Her, and without Her all is lost.”

Okay, even “thick” fails to describe Disraeli’s flattery. But here is the vital point: his conversations and correspondence with Victoria, while over-the-top, were also sincere. He was impressed by her character and her capacity to represent the nation. The future of Great Britain, he believed, depended on a vibrant and visible monarchy, one in which Victoria would of course play the starring role.

Deeply moved by Disraeli’s attention, the queen was drawn out of her shell of mourning. “After the long gloom of her bereavement,” Lytton Strachey wrote in his biography of Victoria, “she expanded to the rays of Disraeli’s devotion like a flower in the sun.” Gradually, this expansion was not just private and emotional, but also political and ceremonial.

In fact, Disraeli did not distinguish between the two. The imperial and spectacle were one and the same. In 1876, this conviction led him, with the Queen’s delighted complicity, to push a bill through Parliament that bestowed upon Victoria the title of Empress of India. Rather than pause her ceremonial ambitions in the years following Disraeli’s death, Victoria doubled down on her mentor’s playbook. She orchestrated her Golden Jubilee in 1887 and then years later, her Diamond Jubilee.

With these earlier spectacles in mind, Victoria’s great-great-granddaughter continued the tradition, with stunning success, not just with the first two jubilees, but adding, shortly before her death, the Platinum Jubilee in 2022. And yet, that triumph was soon followed by Elizabeth’s death and the diminishment if not death of the monarchy, in part thanks to Andrew’s abhorrent antics.

“A man’s fate,” Disraeli once remarked, “is his own temper.” But now, the fate of the very monarchy Disraeli helped build hangs in the balance — a turn of events that perhaps even he could not solve.

 

The post Benjamin Disraeli once saved Britain’s monarchy — the current one may be beyond repair appeared first on The Forward.

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Israeli bobsled squad is disqualified from Olympics after trying to swap in Druze teammate

(JTA) — The Israeli bobsled team’s historic journey to the 2026 Winter Olympics ended in anything but storybook fashion on Sunday, as Israel’s own Olympic committee withdrew it from competition after learning that the team had lied about a member’s health.

The withdrawal meant that Israel did not compete in the four-man race on Sunday, the final day of competition in Milan and Cortina.

After finishing the first two heats of the four-man bobsled race as the slowest team, Israel planned to swap out Uri Zisman for team alternate Ward Farwasy, who would have become Israel’s first-ever Druze Olympian had he taken the ice.

But bobsled substitutions are only permitted in the event of an athlete’s injury or illness, so Zisman had agreed to lie and tell officials he was sick. He had reportedly obtained a medical certification for the false story.

In a statement, Israel’s Olympic committee said it had learned of the team’s plan to substitute in Farwasy “in an improper manner that does not meet the standards expected of Olympic athletes and is not in line with Olympic values,” and chose to withdraw the team from the race.

“The Olympic Committee of Israel views any deviation from the Olympic values as unacceptable and cannot accept inappropriate behavior,” the statement said. “It should be emphasized that, up to this point, the participation of the bobsleigh delegation has taken place in the spirit of sport and without any violations by the athletes.”

David Greaves, the president of the Israeli Bobsleigh and Skeleton Federation, told the Times of Israel that he was “deeply disappointed in the actions of the team.”

AJ Edelman, the team’s captain and main driver of its existence, took responsibility for the scheme.

“I apologize profusely for the disappointment,” Edelman posted on X. “But I will always remain proud that the team looked at their Druze brother, who had earned his place on the team, and unanimously said ‘we want this for you.’ I signed off on it and I take responsibility.”

Later, fending off criticism that he had compromised the very Olympic program he had sought to build up, Edelman appeared to blame Zisman’s mother for calling foul on the switch and said he did not regret it.

“I make no apologies for the decision. At all. The switch is not only common in our sport, we did it believing it was good for the country and to honor our teammate. We thought we were putting country first,” he wrote. “The end effect was not intended but I am proud of the team’s consensus in that moment. It was only an issue because the mother of the athlete replaced was upset it was her child, not another athlete. The decision itself was not in question and I remain okay with it.”

The disqualification ignited criticism of the team from both pro-Israel sports fans and those who had protested Israel’s inclusion in the Olympics in the first place. Edelman and Menachem Chen’s last-place finish in the two-man bobsled event last week was overshadowed by a Swiss broadcaster’s criticism of Israel and Edelman during the race. The broadcaster later removed the clip from its website.

On Saturday, Italy’s public broadcaster apologized for a commentator’s off-camera remark calling to “avoid” the Israeli team. The network’s director issued an apology for what he said was an “unacceptable expression that in no way represents the values of public service broadcasting or of RAI Sport.”

The controversies came after the bobsled team’s apartment was broken into while it trained in the Czech Republic. Israel was competing in Olympic bobsled for the first time, in what Edelman and some fans dubbed “Shul Runnings,” a reference to the Jamaican bobsled team’s similarly improbable run in 1988.

The post Israeli bobsled squad is disqualified from Olympics after trying to swap in Druze teammate appeared first on The Forward.

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Leaked DNC autopsy found Biden’s Israel backing cost Harris votes for president

Senior Democrats who reviewed the party’s 2024 presidential election autopsy concluded that the Biden administration’s handling of the Israel-Hamas war was a “net negative” for Democrats and cost Vice President Kamala Harris critical support among younger and progressive voters, according to a new report published Sunday. The Democratic National Committee has so far withheld the findings from public release.

Activists affiliated with the Institute for Middle East Understanding Policy Project, a progressive research group, told Axios that in post-election discussions with DNC representatives, party officials acknowledged that the Biden administration’s support for Israel during the war in Gaza was a factor in former Vice President Kamala Harris’ loss to Donald Trump.

The war loomed large in the campaign before Biden withdrew from the race. Anxious Democrats reportedly pressured former President Biden to “take a tougher stance on Israel” as one way to recover from his catastrophic debate performance in June 2024. Some advisers floated the idea of conditioning or halting certain arms transfers to shift the campaign’s direction and appeal to disaffected progressives and voters in Michigan — a swing state with a substantial Arab American community — who had cast “uncommitted” protest ballots in the primary.

Harris, who was more forceful in her call for an immediate ceasefire to address the dire humanitarian situation in Gaza, lost Michigan and Pennsylvania by almost 2 points.

“We should have done more as an administration,” Harris said in November. “We should have spoken publicly about our criticism” of how Israeli Prime Minister Benjamin Netanyahu and his government “were executing this war.”

The DNC claimed it has shared the internal findings with party leaders and candidates. Progressive activists are pushing for them to be made public ahead of the midterm elections.

Kamala Harris’ conclusions 

In her book about the election, titled 107 Days, Harris addressed what she described as the political fallout from Biden’s statements and her own stance on the war, writing that it hurt Democrats with key constituencies.

“The issue was not binary, but the outcome of this election certainly was,” Harris wrote, adding that she wished that those who protested her understood that “sitting out the election or voting for a third candidate would elect Trump and kill any effort for a just peace, any hope for a two-state solution.”

In her own defense, Harris wrote that she “wanted to acknowledge the complexity, nuance and history of the region, but it seemed very few people had the appetite for that or the willingness to hold two tragic narratives in their mind at the same time, to grieve for human suffering both Israeli and Palestinian.”

In her rushed vetting of running mates, Harris pushed Pennsylvania Gov. Josh Shapiro to apologize for criticizing pro-Palestinian campus protests, which he refused to do, according to his recent memoir.

Harris wrote that she discussed with Shapiro how his selection might affect the campaign, including the risk of protests tied to Gaza at the Democratic National Convention and “what effect it might have on the enthusiasm we were trying to build.” She wrote that Shapiro responded by saying he had clarified that earlier views he held were misguided and that he was firmly committed to a two-state solution. Harris ultimately selected Minnesota Gov. Tim Walz as her running mate, but protests over Gaza still roiled the Democratic convention. Uncommitted delegates staged a sit-in outside the venue after the DNC declined to allow a Palestinian American to address the main stage.

The path forward

Palestinian rights have increasingly become a litmus test for Democrats.

Recent national polls show Democratic voters have as a group become more sympathetic to Palestinians. The IMEU Policy Project conducted a poll after the Democratic primary for New York City Mayor last year, which showed that Zohran Mamdani’s sharp criticism of Israel attracted new voters and energized parts of the Democratic electorate that contributed to his victory. The post-primary survey showed that 78% agreed with his belief that Israel was committing genocide in Gaza, and 79% support restricting weapons to Israel.

Last August, the Democratic National Committee withdrew a resolution reaffirming the party’s support for Israel and a two-state solution to avoid a clash with younger and progressive activists who were pressing sharper opposition to Israel.

In July, a record 27 Senate Democrats, a majority of the caucus, supported a pair of resolutions calling for the blocking of weapons transfers to Israel.

Even national Jewish Democrats, like Illinois Gov. JB Pritzker and former Chicago mayor Rahm Emanuel — both considered possible presidential candidates in 2028 — have publicly challenged Israeli policy. Shapiro has repeatedly been critical of Netanyahu and, last year, criticized the Israeli government’s rejection of international reports on hunger  in Gaza, calling it “abhorrent” and “wrong.”

The post Leaked DNC autopsy found Biden’s Israel backing cost Harris votes for president appeared first on The Forward.

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