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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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Lindsey Graham urges Israel not to strike Iranian oil depots even as he says he helped make war happen
(JTA) — Sen. Lindsey Graham of South Carolina has called on Israel to rein in its attacks on Iranian oil infrastructure, marking a rare note of caution from a Republican lawmaker who has said he helped push the United States to join Israel in waging war against Iran.
In a post on X on Sunday, Graham praised Israel for its role in the war before adding that “there will be a day soon that the Iranian people will be in charge of their own fate, not the murderous ayatollah’s regime.”
“In that regard, please be cautious about what targets you select,” continued Graham. “Our goal is to liberate the Iranian people in a fashion that does not cripple their chance to start a new and better life when this regime collapses. The oil economy of Iran will be essential to that endeavor.”
Graham’s post linked to an Axios article that reported that the United States was alarmed by Israeli strikes over the weekend that targeted 30 Iranian fuel depots. On Monday, U.S. gas prices rose to their highest levels since 2024.
The warning from Graham, an ally of President Donald Trump and staunch supporter of Israel, comes days after the Republican hawk told the Wall Street Journal that he had played a key role in urging Trump to strike Iran.
Prior to the joint U.S.-Israeli strikes on Iran, Graham made several trips to Israel where he met with members of the Mossad, Israel’s intelligence agency, as well as Israeli Prime Minister Benjamin Netanyahu whom he said he coached on how to lobby Trump to strike Iran.
“They’ll tell me things our own government won’t tell me,” Graham told the newspaper.
On Monday, Graham also directed his criticism at Saudi Arabia’s decision to stay on the sidelines of the campaign against Iran.
“It is my understanding the Kingdom refuses to use their capable military as a part of an effort to end the barbaric and terrorist Iranian regime who has terrorized the region and killed 7 Americans,” wrote Graham in a post on X Monday. “Question – why should America do a defense agreement with a country like the Kingdom of Saudi Arabia that is unwilling to join a fight of mutual interest?”
The post Lindsey Graham urges Israel not to strike Iranian oil depots even as he says he helped make war happen appeared first on The Forward.
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Belgian officials investigating synagogue explosion as possible act of terrorism
(JTA) — Belgian officials are investigating an explosion in front of a synagogue in Liège early Monday as a possible act of terrorism.
The explosion, which took place at 4 a.m., damaged the door of the historic neo-Romanesque synagogue and blew out the windows of multiple buildings across the street. No injuries were reported.
A range of Belgian politicians, including the prime minister and the mayor of Liège, characterized the explosion as act of antisemitism.
“Antisemitism is an attack on our values and our society, and we must fight it unequivocally,” Prime Minister Bart de Wever said in a statement. “We stand in solidarity with the Jewish community in Liege and across the country.”
The explosion comes amid a surge of concern about possible attacks by agents associated with the Iranian regime, against which the United States and Israel launched a war last week. Iran has a long record of supporting attacks on Jewish targets abroad, including two bombings in the 1990s in Argentina that killed more than 100 people at the Israeli embassy and a Jewish community center. Now, with Iran being pummeled at home, watchdogs are warning that it might lash out through its Iranian Islamic Revolutionary Guard Corps Quds Force, responsible for attacks abroad.
Azerbaijan said Friday that it had foiled multiple terror attacks planned by Iranian agents on Jewish sites. In London, four men were arrested last week for allegedly spying on the Jewish community for Iran, with the intent of planning attacks against the community. And a string of shootings at synagogues in Toronto has ignited concern in Canada, too.
Iranian agents have taken aim at non-Jewish targets, too. On Friday, a Pakistani man who prosecutors said had been directed by Iran’s IRGC was convicted of plotting to assassinate President Donald Trump.
The attack in Liège, in the primarily French-speaking Wallonia province, comes amid a range of recent developments that have unsettled Belgian Jews, who number approximately 30,000. They include antisemitic carnival caricatures in the city of Aalst; a ban on ritual slaughter preventing the local production of kosher meat; and an ongoing row between U.S. and Belgian officials over Jewish circumcision practices. The attack also follows a 2014 shooting in which a gunman associated with the Islamic State, a rival to Iran’s Islamic Republic, shot four people to death at the Jewish Museum in Brussels.
A spokesperson for the Liège police described the effects to the area as “only material damage” to the 1899 building. Rabbi Joshua Nejman told local media that he was hoping that security footage would reveal the perpetrator.
“I’m going to try to calm my heart, because it is beating faster and faster this morning,” said Nejman, who said he had been at the synagogue for 25 years.
“Liege is home to a very small but vibrant Jewish community where I personally grew up,” Eitan Bergman, vice president of the Coordinating Committee of Jewish Organisations in Belgium, told Reuters. “Today, the feelings among our community members are a mixture of sadness, worry and profound shock.”
Liege’s mayor, Willy Demeyer, praised the synagogue community to RBTF, Belgium’s French-language national broadcaster. He added, “We cannot allow foreign conflicts to be imported into our city.”
The post Belgian officials investigating synagogue explosion as possible act of terrorism appeared first on The Forward.
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The Top 100 People Positively Influencing Jewish Life, 2025
In honor of The Algemeiner‘s 12th annual gala, we are proud to present our “J100” list — 100 individuals who have positively influenced Jewish life over the past year.
