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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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Photos: Pro-Israel counter-protesters overwhelm anti-Zionist bike rally in Philadelphia, where police arrest 3
Hundreds of pro-Israel counter-protesters gathered around Philadelphia’s Rittenhouse Square Sunday morning ahead of a bike rally targeting six Jewish-owned restaurants. There were about 300 anti-Zionist protesters and about 200 pro-Israel counterprotesters, police estimated. Rally organizers said the timing — just before the 88th anniversary of Kristallnacht, when Nazis attacked Jewish shops and homes — was coincidental.
Three people were arrested Sunday, according to police. Pennsylvania Gov. Josh Shapiro, who is Jewish, said a few hours after the crowd had dispersed, “In the midst of blatant antisemitic targeting of Jewish-owned restaurants on the anniversary of Kristallnacht, the City of Brotherly Love showed up to support our neighborhood businesses and prove once again that hate has no place in our Commonwealth.”
The post Photos: Pro-Israel counter-protesters overwhelm anti-Zionist bike rally in Philadelphia, where police arrest 3 appeared first on The Forward.
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Israel’s President Herzog tasks Gadi Eisenkot with forming Israel’s next government
(JTA) — JERUSALEM – Israeli President Isaac Herzog on Sunday formally tasked Gadi Eisenkot with forming the next government, nearly two weeks after the country held a national election and days after a majority of parliamentary factions said they would recommend Eisenkot as the next prime minister.
“Yashar Leader Gadi Eisenkot, I expect you to do everything in your power to establish a government that will serve the entire people, those who supported it and those who did not, and that will be a responsible and decent address for all sectors, faiths, ways of life, and worldviews,” Herzog said in a televised ceremony held at his residence in Jerusalem.
Eisenkot has up to six weeks to assemble a coalition, a step that typically includes at least 61 seats out of 120 in Israel’s parliament, the Knesset. If he fails to do so within that time, then the president can give another Knesset member the opportunity to form a government.
In his speech on Sunday, Eisenkot said that Israeli democracy was “at one of its most vulnerable moments.”
“The campaign to undermine the legitimacy of our democracy, together with the growing distrust in state institutions, fueled daily, has brought us to an extremely dangerous point,” he said, adding that continuing on this path Israel would reach the “point of no return.”
“The formal consultations held here, at the President’s Residence, have revealed a clear picture: an absolute majority of Knesset members, representing the Israeli public, support change and support me as prime minister,” he said.
Some 67 members of the Knesset recommended Eisenkot, a former IDF chief of staff, for prime minister during those consultations. Meanwhile, 46 members of Knesset recommended incumbent Prime Minister and Likud Leader, Benjamin Netanyahu. One faction, United Torah Judaism, with seven members of Knesset, refrained from recommending any candidate.
The consultations, Herzog said, “brought to the surface the disputes, the painful points, and of course, the multitude of voices within Israeli society and politics.”
He added that the differences “reminded us all that every citizen of Israel has an equal voice, from every side, every view, every way of life, and every faith.”
Eisenkot said he would work to bridge those divisions and attempt to form a national emergency government, even if it required “creative and unconventional political initiatives.”
For his part, Netanyahu has urged Eisenkot to join him in an emergency national unity government that will keep Israel strong against ongoing threats.
Eisenkot has responded that the “national emergency government” he will form will comprise the “four Zionist parties” of the change bloc – his own Yashar Party, B’Yachad headed by former prime ministers Naftali Bennett and Yair Lapid, Avigdor Liberman’s Yisrael Beitenu Party and the Democrats under Yair Golan.
He also said he would welcome “parties and Knesset members who support Yashar’s four principles” to join the coalition.
At the President’s Residence in Jerusalem on Sunday, Eisenkot said he would be sending out formal invitations as soon as possible “to every Knesset faction, calling on all their members, both as parties and as individuals, to take part in forming the government and bringing it to its swearing-in.”
“The rule is simple,” he added. “If you are prepared to sign on to the four principles I have set out, you are potential partners in a national emergency government under my leadership.”
Throughout his campaign, and particularly since the Oct. 27 election, Eisenkot has emphasized these four principles as the basis for forming the next government.
1) Recognition of the State of Israel as a Jewish and democratic state.
Eisenkot wants to define his coalition as a government that is committed to Israel’s Jewish national identity and to democracy, not simply an alliance united by opposition to Netanyahu.
Any party wanting to join must accept Israel’s identity as the national home of the Jewish people first. The requirement has historically been contentious for Israel’s two Arab parties, who represent 19 Knesset members.
Parties must also accept the country’s democratic institutions, which uphold equality and rights for all citizens and prioritize the rule of law.
This means parties, such as the far-right and the ultra-Orthodox, that, as members of the outgoing government, have been pushing to overhaul the country’s judiciary – a key institution in Israel’s system of democratic checks and balances – might think twice about joining.
2) Acceptance of the values of the Declaration of Independence.
Israel’s Declaration of Independence, proclaimed and signed on May 14, 1948, is a foundational document that has helped shape the country’s constitutional principles, although Israel does not have a single, formal written constitution.
In it, the signatories laid out their vision for Israel, including the historical ties the Jewish people have to the land of Israel and its place as a safe haven for Jews around the world who are in trouble.
For Eisenkot, the emphasis appears to be on one particular section that declares: “The State of Israel will foster the development of the country for the benefit of all its inhabitants; it will be based on freedom, justice and peace as envisaged by the prophets of Israel; it will ensure complete equality of social and political rights to all its citizens, irrespective of religion, race or sex; it will guarantee freedom of religion, conscience, language, education and culture; and it will safeguard the Holy Places of all religions; and it will be faithful to the principles of the Charter of the United Nations.”
By embracing the Declaration of Independence, Eisenkot is recognizing the place of Israel’s minority groups, highlighting their “full and equal citizenship.” A point mentioned twice in the declaration.
The declaration also reaffirms that Israel is a country seeking peace, rather than endless conflict, at a time when Netanyahu has recently been criticized over his handling of the country’s wars on multiple fronts.
3) Mandatory service for all — military, national, and civilian, to strengthen the IDF and expand its ranks.
Including this condition for joining the government is a direct message to the ultra-Orthodox parties, at least one of which is considering supporting Eisenkot’s coalition.
United Torah Judaism, which has been aligned closely with Netanyahu’s bloc for at least the past two decades, on Thursday refused to recommend the prime minister as Israel’s next leader. Instead, the party, which holds seven seats, abstained from recommending any candidate.
Both UTJ and the second ultra-Orthodox party, Shas, have resisted efforts that would include ultra-Orthodox young men studying in yeshiva under a universal draft law requiring all eligible Israelis to perform military service.
Previous exemption laws have expired, and Israel’s Supreme Court has ruled that the state’s blanket exemption of yeshiva students from military service has no legal basis and violates principles of equality before the law.
By including this condition, Eisenkot is telling the ultra-Orthodox – and even the Arab community, most of whose members are also exempt from mandatory military service – that everyone in Israel must do their part, whether through military service or some type of national or community service.
This stipulation could either keep the ultra-Orthodox out of the government, even though Eisenkot’s partners have expressed willingness to allow their participation. Or it could force them to be more flexible on an issue that until now they have appeared unrelenting.
4) Recognition of Hamas as a terrorist organization and commitment to dismantling its military and governing power.
Leaders of the two Arab parties, the Islamist Ra’am Party and the more nationalist Joint List, have refused to make this statement out loud.
Ra’am leader Mansour Abbas, who has repeatedly condemned the Oct. 7 attack, has said he does have a clear position on this but refuses to state it publicly for several reasons ranging from concerns about his personal safety to his ties to the Muslim Brotherhood, to which Hamas is also affiliated. He has also questioned why Arab politicians are required to pass loyalty tests that are not applied equally to Jewish politicians.
When President Herzog pressed him on the matter last week, Abbas said: “I have an unequivocal answer, but leave me space to be a bridge. To also influence the other side.” He argued that maintaining channels of communication with Palestinians requires him not to adopt language that would immediately alienate them.
For the Joint List, the continued refusal to call Hamas a terror group appears to reflect the view that Hamas is part of the broader Palestinian political movement. Some of its members argue that labeling it a terrorist organization risks delegitimizing Palestinian political aspirations as a whole.
Members of the 11-member faction have condemned the Oct. 7 massacre, but are unlikely to accept this particular condition because it could be used to justify Israel’s military campaigns in Gaza and the West Bank. Its leaders also want to preserve their credibility among Palestinian voters, many of whom see the conflict through the lens of occupation and Palestinian national rights.
This article originally appeared on JTA.org.
The post Israel’s President Herzog tasks Gadi Eisenkot with forming Israel’s next government appeared first on The Forward.
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Boy George’s Tel Aviv concert was not perfect. For the crowd, that was beside the point
(JTA) — TEL AVIV — Sound problems, guitar trouble and an admission of forgotten lyrics punctuated Boy George’s second Tel Aviv show Saturday night. But the British pop star, irreverent, occasionally exasperated and frequently hilarious, could hardly have asked for a more forgiving audience.
At 65, the Culture Club frontman is no longer the chart-topping phenomenon of the 1980s. Although plenty of those who filled Menora Mivtachim Arena were old enough to remember his heyday firsthand, his appeal went well beyond nostalgia.
At a time when international stars have largely stayed away from Israel, George has become one of the country’s most outspoken supporters, enduring considerable backlash from within the music industry for his refusal to remain silent over the Oct. 7 Hamas attack.
“Silence is not a f—ing option,” he said to thunderous applause.
Saturday’s concert, the second of two nearly sold-out performances following Wednesday’s show at the same venue, was dedicated to survivors of the Nova music festival massacre and bereaved families, with 1,500 tickets donated to members of the community. Israeli DJ and producer Ofer Nissim joined George onstage in the second half, bringing a dance-club element to an evening that mixed Culture Club classics, covers and newer material.
His habit of mocking himself and mimicking others repeatedly drove the crowd to laughter, turning interruptions that might have derailed a slicker performance into part of the entertainment.
The banter ranged from wisecracks about technical glitches to personal reflections on the hostility he has encountered over his support for Israel. When a guitar failed to produce any sound, he appeared mildly irritated, telling the crew, “You have to plug things in, you know.”
“This is a weird moment,” he added, before smiling and continuing, “but this whole night has been a weird moment.”
Introducing his cover of Bob Dylan’s “It Ain’t Me, Babe,” he explained that he had attempted it on Wednesday but forgotten the lyrics. “Luckily, this time I have autocue,” he said, breaking into his trademark laugh.
As for his detractors around the world, he made clear that he had little interest in winning them over.
“I’m 65. It’s too late to hate me, I don’t give a s–t,” he told the audience.
The one person’s opinion that mattered to him, he said, was his late mother’s. Recalling an Irishman who had suggested that his Irish mother would be ashamed of his support for Israel, given Ireland’s strong sympathy for the Palestinian cause, George was defiant.
“I can tell you categorically my mother will be more proud of me than she’s ever been,” he said.
In another characteristically unpredictable diversion, George dedicated his solo release “Clouds” to Philip Sallon, a longtime Jewish friend and influential figure in London’s club scene who helped introduce him to Jewish traditions when he was young.
The two have since fallen out. “He hates my guts right now,” George said, asking anyone who knew Sallon to tell him that he had sung the song for him in Israel as an act of forgiveness, “as a mitzvah.”
But the evening’s most emotional moments belonged to “We Will Dance Again,” the song George released in July about the Nova attack. Its lyrics explicitly reference the atrocities committed on Oct. 7, criticize fellow musicians for their silence and challenge accusations of genocide against Israel.
George’s eight-day visit included a meeting with President Isaac Herzog and a trip to the Nova massacre site near Kibbutz Re’im, where Hamas terrorists murdered more than 360 festivalgoers on Oct. 7, 2023.
Having visited Israel many times before, he told the audience that this trip had affected him differently. He also appeared uneasy about the gratitude being lavished on him.
“It’s awkward for me as an outsider to be in the midst of this amazing recovery and sadness,” he said.
Survivors of the Nova massacre and relatives of those murdered joined George onstage carrying Israeli flags for “We Will Dance Again.”
George, having changed into a colorful, geometric-print suit and rhinestone-studded black hat, performed the reggae-inflected song about one of the most traumatic events in Israeli history while embracing the survivors and bereaved relatives beside him.
At one point, he seemed close to tears. “I’m going to cry,” he said.
But even the solemnity didn’t last long. When George invited one of the bereaved women to address the crowd, she demurred because she didn’t speak English.
“I’ve never met a Jewish person who doesn’t have anything to say,” he joked, drawing laughter and applause from the crowd.
In the audience, people swayed to lyrics that included an explicit reference to girls raped against trees. Kay, a singer from Tel Aviv, remained seated, tears in her eyes.
“I can’t dance to that,” she said.
Yet she was deeply moved by George and the atmosphere surrounding the performance, and was untroubled by its hiccups.
“It doesn’t have to be perfect. It just has to be human, and that’s what connects us,” she said.
Tammy, a 60-year-old dance instructor who regularly plays Culture Club songs in her classes, hadn’t initially intended to attend. But after seeing footage of George’s Wednesday performance, she changed her mind.
“I saw the clips on social media and was jealous of people who went,” she said.
Lavie, a 24-year-old Israeli-born performer who divides his time between New York and Los Angeles, had never heard of Boy George before the singer began making headlines in Israel. He started studying his music ahead of the concert, hoping to learn from the veteran entertainer’s stagecraft.
“I learned a lot,” he said toward the end of the performance. “What impressed me most was how he handled all the glitches with grace and humor.”
Not everyone was quite so impressed.
Daniel, a Jaffa resident originally from Los Angeles, was scathing about the musical performance and even more critical of the audience’s reaction.
“Everyone was off-key, and it was just awful,” he said. “But what bothered me most was the crowd’s desperate need for approval.”
“We need a national therapy session to counter our neediness,” he added.
George saved “Karma Chameleon,” the 1983 hit that made him a household name around the world, for the finale. By then, the show had stretched to roughly two and a half hours, but thousands of people were still on their feet.
George contrasted the atmosphere in Israel with London, which he described as “full of anxiety and tension.”
“It feels so relaxed here,” he said. “I don’t want to go home.”
This article originally appeared on JTA.org.
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