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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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Lebanon Plans UN Complaint Against Israel Over Border Wall
A UN vehicle drives near a concrete wall along Lebanon’s southern border which, according to the Lebanese presidency, extends beyond the “Blue Line”, a U.N.-mapped line separating Lebanon from Israel and the Israeli-occupied Golan Heights, as seen from northern Israel, November 16, 2025. REUTERS/Shir Torem
Lebanon will file a complaint to the U.N. Security Council against Israel for constructing a concrete wall along Lebanon’s southern border that extends beyond the “Blue Line,” the Lebanese presidency said on Saturday.
The Blue Line is a U.N.-mapped line separating Lebanon from Israel and the Israeli-occupied Golan Heights. Israeli forces withdrew to the Blue Line when they left south Lebanon in 2000.
A spokesperson for the U.N. secretary-general, Stephane Dujarric, said on Friday the wall has made more than 4,000 square meters (nearly an acre) of Lebanese territory inaccessible to the local population.
The Lebanese presidency echoed his remarks, saying in a statement that Israel’s ongoing construction constituted “a violation of U.N. Security Council Resolution 1701 and an infringement on Lebanon’s sovereignty and territorial integrity.”
Dujarric said the United Nations Interim Force in Lebanon (UNIFIL) had requested that the wall be removed.
An Israeli military spokesperson denied on Friday that the wall crossed the Blue Line.
“The wall is part of a broader IDF plan whose construction began in 2022,” the spokesperson said, referring to the Israel Defense Forces.
“Since the start of the war, and as part of lessons learned from it, the IDF has been advancing a series of measures, including reinforcing the physical barrier along the northern border.”
UNIFIL, established in 1978, operates between the Litani River in the north and the Blue Line in the south. The mission has more than 10,000 troops from 50 countries and about 800 civilian staff, according to its website.
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Iran Says US Is Not Ready for ‘Equal and Fair’ Nuclear Talks
Iranian Foreign Minister Abbas Araqchi speaks during a meeting with foreign ambassadors in Tehran, Iran, July 12, 2025. Photo: Hamid Forootan/Iranian Foreign Ministry/WANA (West Asia News Agency)/Handout via REUTERS
Washington’s current approach toward Tehran does not indicate any readiness for “equal and fair negotiations,” Iran’s foreign minister said on Sunday, after US President Donald Trump hinted last week at potential discussions.
Following Israel’s attack on Iran in June, which was joined by U.S. strikes on Iranian nuclear facilities, attempts at renewing dialogue on Tehran’s nuclear program have failed.
The United States, its European allies and Israel accuse Tehran of using its nuclear program as a veil for efforts to develop the capability to produce weapons. Iran says its nuclear program is for peaceful purposes only.
Tehran and Washington underwent five rounds of indirect nuclear talks prior to the 12-days-war, but faced obstacles such as the issue of domestic uranium enrichment, which the U.S. wants Iran to forego.
“The U.S. cannot expect to gain what it couldn’t in war through negotiations,” Abbas Araqchi said during a Tehran conference named “international law under assault.”
“Iran will always be prepared to engage in diplomacy, but not negotiations meant for dictation,” he added.
During the same conference, deputy foreign minister Saeed Khatibzadeh accused Washington of pursuing its wartime goals with “negotiations as a show.”
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Israeli Government Decides ‘Independent’ Commission to Investigate Oct. 7 Failures
The Israeli Supreme Court in Jerusalem. Photo: Wikimedia Commons.
i24 News – The Israeli government has approved the creation of an “independent” commission of inquiry to examine the failures that enabled the Hamas assault of October 7, 2023.
However, in a move sharply criticized by the opposition and contrary to the recommendation of the Supreme Court, the panel will not be a formal state commission of inquiry. Instead, its mandate, authorities, and scope will be determined directly by government ministers.
According to the decision, the commission will receive full investigative powers and must be composed in a way that ensures “the broadest possible public trust.”
Prime Minister Benjamin Netanyahu will form a special ministerial committee tasked with defining what the inquiry may investigate, the time periods to be reviewed, and the authority it will receive. The committee has 45 days to deliver its recommendations.
For the past year, the government has repeatedly resisted calls to establish a state commission, arguing at first that such a body could not operate during wartime. Later, some ministers accused Supreme Court President Isaac Amit of being incapable of appointing an impartial chairperson.
But on October 15, the High Court of Justice ruled that there was “no substantive argument” against forming a state commission, giving the government 30 days to respond.
Netanyahu maintains that responsibility for the October 7 failures lies primarily with Israel’s security agencies rather than with political leaders.
His critics accuse him of creating a weaker, government-controlled inquiry designed to limit scrutiny of his decisions, undermining the prospect of full accountability for the deadliest attack in Israel’s history.
