Uncategorized
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.
Uncategorized
For the Jews of Venice, an uneasy history of scapegoating and grudging tolerance
The First Ghetto: Venice and the Origins of Modern Antisemitism
By Alexander Lee
Basic Books, 432 pages, $34
When one thinks of Venice and the Jews, the first figure that probably comes to mind is Shylock, literary history’s famous Jewish villain, a moneylender who demands a “pound of flesh” from the titular character in Shakespeare’s The Merchant of Venice.
In Alexander Lee’s new book, The First Ghetto: Venice and the Origins of Modern Antisemitism, Shylock is mentioned just twice, both times in the introduction, but his ghost hovers over the pages of the book. Much of Lee’s historical account of Jewish life in Venice is devoted to Jewish moneylenders, and the key role they played in keeping Venice’s economy afloat.
The First Ghetto centers on the uneasy and guarded relationship that the Venetian government and its Christian people — first as the Venetian Republic and later as part of the Italian nation — always had with its Jewish population. According to Lee’s account, Venice didn’t want the Jews, but it needed them, largely for their ability to provide credit.
As he tracks the rise and fall of the Venetian Ghetto across more than six centuries, from Venice’s first Jewish visitor in 1315 through the fateful deportation of its Jewish citizens in the Holocaust, Lee’s focus is so narrowly limited to the fluctuations of finance that he very nearly makes the word “Jew” synonymous with “moneylender” or “pawnbroker.”

That’s a pity, because readers can be left with the impression that the primary role Jews played in the life of the city nicknamed “La Serenissima” — the most serene place — was financial.
“More than once, the Ghetto’s Jews helped keep the Venetian economy from collapse,” writes Lee, an Italian Renaissance scholar at the University of Warwick who has previously published four books, including Machiavelli: His Life and Times. “They founded no fewer than eight glittering synagogues, each a masterpiece of its kind, founded innumerable charities, and administered their own affairs with democratic probity.”
There is, of course, validity to the argument that the Venetian brand of capitalism that emerged in the late Middle Ages and sustained the city through the 20th century was reliant on Jewish labor. Since the mid-12th century, the Catholic Church had prohibited usury, loans offered with interest. But this rule only applied to Christians lending to Christians. They could, however, take out interest-bearing loans from Jewish moneylenders, who were permitted to lend and borrow without, apparently, incurring sin.
The precarious arrangement proved, over time, to be mutually beneficial for the Venetians and the Jews. As long as they were supporting the city’s financial needs, Jews were tolerated — even as they were isolated, overtaxed and frequently attacked. When the Venetians had less of a need for Jewish resources, cruelty against them spiked. They were blamed for most of the city’s woes, including the Black Death, the loss of wars, and various forms of spiritual corruption.
Even if Jews’ contributions were valued by some, the majority of Venice’s Christians “still harbored a horror of moneylending in Venice itself — and almost all regarded Jews with unconcealed hostility,” Lee writes. To balance this necessity against their antipathy, Jews were permitted to live in Venice, as long as they remained apart. Thus the Venice Ghetto was born.
Beginning in 1516, they were segregated to an island of their own on the dilapidated site of a former municipal cannon foundry, Ghetto Nuovo, surrounded by high walls and an iron gate. They were constrained in cramped conditions, and allowed to associate with Christian residents only for business purposes, in daytime. They were marked as outsiders wherever they traveled within the city by a yellow circular patch on their clothing, and an oddly shaped yellow hat.
“The Ghetto was simply the easiest way of allowing Jewish loans to keep flowing,” writes Lee, “while keeping the spiritual ‘risks’ [of associating with Jews] to a minimum.”
Although Jews had been segregated and harassed in other settings for centuries, Venice’s Ghetto was a precursor of the many Jewish ghettos that would later be created throughout Europe. The word ghetto, borrowed from Venice, later “shed its purely Jewish connotations,” Lee writes, and became “shorthand for vulnerability, poverty and powerlessness,” in the living conditions of any minority group.
The first 150 pages of The First Ghetto track the vicissitudes of the explotive financial partnership between Venice and its largely captive population of a couple thousand Jewish residents. The periods of time when Jewish life could be conducted with some sense of security and ease were offset by periods of blame, harassment, and threats of expulsion. But, as Lee argues, the story of Venice’s Jews is one of resilience and survival.
Shakespeare penned The Merchant of Venice between 1596 and 1598, in a period that Lee describes as the Ghetto’s “Golden Age, 1589-1630.” Yet precisely why the character of Shylock emerged in England in this period or how the play related to the true conditions of moneylending and commerce are unfortunately never discussed.
Culture and humanity are strikingly absent from Lee’s account of the history of the Venice Ghetto. Lee notes that the inhabitants of the Ghetto were “poets and scientists, musicians and philosophers; they put on plays and held festivals; and they transformed Venice into the greatest center for Hebrew printing in the world.”
But, apart from a detailed account of the genesis of the book trade, Lee offers little description of these poets and scientists or philosophers, nor does he provide much insight into the daily life experienced in the Venice Ghetto. I yearned for a more vivid sense of how the Ghetto’s people passed their time, what they ate, how they socialized or practiced religious observance — and how they responded to the discrimination they faced.
The book’s subtitle, Venice and the Origins of Modern Antisemitism, suggests that Lee might dive into the genesis of antisemitic tropes or ideas — why did Christian Venetians believe that Jews ate babies, for example? — but this kind of analysis isn’t provided. Instead, Lee seems to regard antisemitism as a given, a force of nature that merely fluctuates depending on the conditions of the time.
“By 1630,” writes Lee, “Venice was the best place in the world to be a Jew.” And, “Anyone could see that the Ghetto was indispensable to Venice.” The bright moment didn’t last long, however, as that same year, the city was hit by a plague that took about a third of its population. Because they were still relatively isolated, the Jewish community lost only about 15% of its residents, but the larger city’s “glory days were now numbered,” Lee writes. “There would be no recovery — only a gradual slide into irrelevance.”
In 1797, Napoleon Bonaparte marched into Venice and forced its leaders to abdicate, effectively ending the Venetian Republic, and declared all its residents equal. The walls of Venice’s Ghetto were finally torn down; its gates were carried to the town square, smashed to bits, and burned. A member of the national guard, Raffaele Vivante, jumped up and gave a speech. “Here you have toppled the terrible doors which held our Nation as if locked up in a prison,” he cried, and then, as Lee writes, “The dancing went on till dawn.”
In the 1930s and 40s, under Mussolini’s fascist reign, the Venetians’ long-simmering hatred of its Jews rose to a boil. As the Jewish community was still small and somewhat contained, in spite of early 20th-century integration, it was easy to identify and decimate. The emptying of the Ghetto, handled here in about ten pages, resulted in the removal of around 2,100 people in 1943 and 1944, of whom hundreds were murdered.
In the 21st century, while the waves of antisemitism have once again crested, the notion that to be Jewish is to be linked to moneylending, banking, and usury has, sadly, gained new currency. Although this is not the only issue Lee touches upon, I wondered while reading the book if it was truly useful to hammer home this connection once again.
As I read Lee’s history, waiting for a better sense of the dimensions of humanity in the Ghetto, a line from the Merchant of Venice kept popping into my mind: “If you prick us, do we not bleed?” I would have liked to have seen a slightly more sanguine touch on these pages.
The post For the Jews of Venice, an uneasy history of scapegoating and grudging tolerance appeared first on The Forward.
Uncategorized
British Museum postpones a Jewish Culture Month lecture, citing ‘disruption’ concerns
(JTA) — The British Museum has canceled a lecture titled ‘‘Ancient Israel and Judah” that was scheduled to take place today on its premises.
In a statement on Wednesday, the museum said the decision was made because it was informed in recent days that “a significant proportion of registered attendees were individuals intending to deliberately disrupt the event.”
The event was supposed to be jointly led by members of the museum’s senior curatorial team alongside organizers from Jewish Culture Month, with the lecture presented by Dr. Paul Collins, the museum’s Keeper of the Department of the Middle East.
Jewish Culture Month is the first event of its kind in the United Kingdom, organized by the Board of Deputies of British Jews. The festivities opened on May 15 and run through June 16, and include more than 100 events celebrating Jewish heritage, creativity and culture across the U.K.
Major British institutions including the British Library, Tate Modern, Victoria and Albert Museum and the BBC are participating.
The British Museum said it was only postponing and not canceling the event, stating the decision was a joint one “made following conversations with organisers and security partners.” The museum added that the decision was made “to protect the event — not diminish it.”
British Museum Assistant Press Officer Lucy McDonald told JTA that the museum could not comment on “operational or security arrangements” and referred to the statement saying that the event would be rescheduled “to a later date when it can take place in an environment that properly safeguards both the audience experience and the integrity of the programme itself.”
The Board of Deputies of British Jews responded with a statement saying, “It is highly regrettable that individuals have sought to deliberately disrupt a Jewish Culture Month event celebrating Jewish cultural heritage at the British Museum.” A spokesperson for the Board told JTA they could not comment further.
At the launch earlier this month, Board of Deputies Acting President Adrian Cohen said the events were designed for Jewish and non-Jewish community members alike because “British Jewish culture is not something that exists in isolation.”
Board of Deputies Director of Culture, Education and Communities Liat Rosenthal added, “Jewish culture has never been something sealed behind glass. It is a living culture. An argumentative culture. A hospitable culture. A culture of memory and reinvention. Of stories carried across borders and generations, then remade anew.”
The museum’s postponement of the event is a blow to London’s Jewish community, which has weathered rising antisemitic incidents since the Oct. 7, 2023, Hamas attack on Israel.
Shimon Cohen, the campaign director for Shechita UK, an organization that advocates for the Jewish ritual of kosher animal slaughter, told JTA in a statement, “Why has our country descended into mob rule? Why are we signaling that intimidation, vitriolic abuse, and violence against Jews works?”
“The British Museum can ‘celebrate the contribution of our communities’ except the Jewish community,” said Cohen. “Instead, their message is clear: let them cower, be cancelled, and be exposed, through the cowardice of our passivity, to ever more hatred, and why? Simply because Jews don’t count!”
This article originally appeared on JTA.org.
The post British Museum postpones a Jewish Culture Month lecture, citing ‘disruption’ concerns appeared first on The Forward.
Uncategorized
In Miami, rekindling the Black-Jewish alliance that Clarence Jones insisted never died
The day before the March on Washington in 1963, a man who embodied much of what that civil rights action was all about left this world. The march went on, and changed history, in dedication to the life and work of W. E. B. Du Bois. During it, the NAACP’s Roy Wilkins told the crowd, of Du Bois, that “his was the voice that was calling to you to gather here today in this cause.”
A similar scenario is unfolding in Miami today with the start of a major convening of groups committed to the Black-Jewish alliance. It comes in the shadow of the death of Clarence B. Jones, a lawyer and speechwriter for Martin Luther King, Jr., who embodied that alliance and its cause for much of his life. He died last Friday at 95.
Chairman emeritus of the Black-Jewish alliance group Spill the Honey, and long cemented in history as the legal mind behind King’s protest strategies who also contributed passages to the “I Have a Dream” speech, Jones would vociferously argue that despite endless fissures, the alliance never ended.
That is a position I too have long maintained, particularly because a major part of the alliance is acknowledging the existence and power of Black Jews. As I and so many others tirelessly repeat, the two groups are not mutually exclusive. It’s a misnomer to say “Blacks” and “Jews” when each group overlaps with the other.
And if the alliance did die sometime during the last 30 or 40 years, did my existence and that of every other Black Jew not get the memo?
Our reality hasn’t stopped others from restarting the alliance with all the patentability of reinventing the wheel. I’ve lost count over the years of how many times a new Blacks-and-Jews group — again, usually ignoring Black Jews — would form as if it alone had the answer to whatever discord was then going on, from disputes over affirmative action after the Supreme Court’s 1978 Bakke decision to the latest over Israel’s horrific actions in Gaza and Lebanon.
That led me and Bruce Haynes, author of The Soul of Judaism and an African American professor who recently discovered his Jewish ancestry, to wonder last February if it was time to form an umbrella organization for all the organizations so dedicated.
While we discussed it, others were mobilizing.
An influential — and funded — group was already working on exactly that, calling for the National Convening of the Black-Jewish Alliance in Miami this week. Organizers include the Redstone Family Foundation and the EXODUS Leadership Forum, founded by CNN commentator Van Jones.
At 95, Clarence Jones would not have made the trip. But Spill The Honey, the organization he recently chaired and for which Haynes and I both serve as board members, is also among coalition partners.
Nearly 100 Black, Jewish, and Black Jewish leaders (this time, we’re being heard) will gather in what will be a show of unity merely in all of us being together, even if we don’t agree on everything. No coalition does, and those that do succeed (think of the not-always-comfortable bedfellows of the civil rights and labor groups that pulled off the March On Washington) do so despite their differences. What’s important is that we’ll be in the room together.
Will it work? Who knows. The alliance has always been rocky, even if it has also always survived.
And don’t count Clarence Jones out yet. His spirit will definitely be with us, which he foreshadowed in a conversation we had in the Forward three years ago.
“When I die, I’m coming back Jewish,” he said.
“But still Black?” I asked.
“Absolutely!”
The post In Miami, rekindling the Black-Jewish alliance that Clarence Jones insisted never died appeared first on The Forward.
