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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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After drawing BDS backlash, progressive Jewish writer Peter Beinart apologizes for speaking at Tel Aviv U

(JTA) — Peter Beinart began his first social media post after his latest speaking engagement with an apology.

“By speaking earlier this week at Tel Aviv University, I made a serious mistake,” the progressive Jewish writer posted on X, a day after a scheduled appearance at the Israeli school.

The morning before, he had defended his plans, saying he saw “value in speaking to Israelis about Israel’s crimes.” Now, he said, “I let my desire for that conversation override my solidarity with Palestinians, who in the face of ethnic cleansing, apartheid and genocide have asked the world boycott Israeli institutions that are complicit in their oppression.”

Beinart’s apology came in the face of steep criticism from some on the anti-Israel left, where Beinart has long been one of the most prominent Jewish voices. The Palestinian Campaign for the Academic and Cultural Boycott of Israel, a founding member of the Boycott, Divestment and Sanctions movement, publicly and privately called on Beinart to cancel his talk, and he endured a bruising volley of castigation online.

Emphasizing that he had not been paid for his speech, Beinart said he had been motivated by wanting to influence Israeli Jews as he said he had with American Jews “with whom I strongly disagree, both to listen and in hopes of changing their minds.” But he said he had come to understand that he could have done that without speaking at an Israeli university, and that he had erred by not consulting Palestinians when making his plans.

“It’s embarrassing to admit such a serious mistake,” Beinart wrote. “I dearly wish I had not made this one, which has caused particular harm because international pressure is crucial to ensuring Palestinian freedom. This was a failure of judgment. I am sorry.”

PACBI did not publicly respond to Beinart’s apology. But the mea culpa ignited a wave of criticism of its own from Jewish and pro-Israel voices who said it typified an absolutist ethos in the progressive pro-Palestinian movement that they have long denounced.

“The dynamics of the radical left, especially the American one (which draws on puritanical patterns) demonstrated here include social pressure, incessant border-drawing, threats of boycotts, repeated demands to confess sins, and the perception of confession as a submission that redeems the guilty from the fate of traitors to the revolution,” tweeted the Israeli scholar Tomer Persico, who is currently on the faculty of the University of California, Berkeley. “This is a political-social space that is purist to the point of self-destruction.”

An Israeli trauma psychologist said Beinart’s apology reflected a stance she had seen before from abused women or people trapped in cults. “They start treating ordinary acts of agency — talking to someone outside the circle or forming a judgment on their own — as betrayals that must be confessed,” wrote Orli Peter in a widely viewed post. “This isn’t moral clarity; it’s fear wearing the mask of conscience.”

Some said Beinart’s apology landed in a historical pattern in which Jews who have sought to ally themselves with antisemitic movements are cast out themselves, sometimes with mortal consequences.

“No Jew is ever good enough for the Jew-hater,” tweeted the Scottish Jewish pundit Ben Freeman. “The goal posts are always moved. The Jew is always left begging for acceptance. They are the ultimate parvenu. Always seeking approval, never gaining it. A Jewish tragedy if ever there was one.”

Some moderate pro-Palestinian voices also weighed in critically. “This is truly embarrassing and deeply self-deprecatory behavior,” tweeted Ahmed Fouad Alkhatib, a Gazan emigre who is critical of much of contemporary pro-Palestinian activism and who himself spoke to an Israeli news organization this week.

“Asking for forgiveness because you spoke to Israeli students who belong to your tribe, are your people, and part of your community is not going to make you more liked, accepted, or embraced by the rabid elements of the ‘pro-Palestine’ movement and the BDS cultists who have long stopped viewing their efforts as a tactic and devolved into demonizing Jews, Israelis, and Zionists as the actual end goal,” Alkhatib added.

Before his apology, Beinart had spoken to a number of Tel Aviv students, including some who attended because they disagree with his views on Israel. Gabi Schiller, a social media activist who has worked at the pro-Israel advocacy group StandWithUs, wrote that some of her Tel Aviv University classmates had spoken with Beinart after his talk to challenge him on his ideas, including his promotion of a one-state solution.

“Putting aside the content of what they discussed, what took place in that moment was inherently valuable, despite how much I oppose Beinart’s stances: the exchange of opinion and ideas in an academic space in a respectful way,” Schiller wrote on Instagram, where she posts under the account name Yehudim Omrim. The experience, she said, was “increasingly impossible on North American campuses around domestic politics and certainly around the Israeli-Palestinian conflict where anti-normalization has become the new litmus test to be permitted into social spaces.”

The post After drawing BDS backlash, progressive Jewish writer Peter Beinart apologizes for speaking at Tel Aviv U appeared first on The Forward.

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The gift Tom Stoppard gave to me — and to all who adore him

In 2022, during a reporting trip to London, I had tea with a source who confessed to me that her mother’s central interest was the work of Tom Stoppard. It was more than an interest, really: “He was the main thing in her life,” she said.

There are artists you admire, and then there are artists you flat-out adore. Particularly cerebral types, like Stoppard, risk falling into the first category: They may generate great thoughts, but those great thoughts have a great chance of leaving you cold. That wasn’t the case for Stoppard, who died Saturday at 88, and was a thinker worth adoring. His best work achieved a rare balance: Audiences left his most affecting plays with both a fresh perspective on the world, and a feeling of great warmth toward it.

I felt that myself, after seeing a much-heralded revival of Stoppard’s Travesties on Broadway in 2018. It’s quite a highbrow play, about the brief intersection, in Switzerland during World War I, of the lives and work of James Joyce, Vladimir Lenin and Tristan Tzara, founder of Dadaism. It made me laugh until I cried. And the gloss Stoppard bestowed on this obscure episode of history followed me out of the theater, giving a brief sheen to everything and everyone I saw. I felt as though I floated back to Brooklyn, and as if the Q train might be full of personalities I’d never guess were important until years afterward.

Much of Stoppard’s work revolved around the question of what it really means to live an important life — one that is not just full, but has some kind of identifiable impact on others. The main character of Travesties isn’t Joyce, Lenin or Tzara; he’s an endearingly self-satisfied British diplomat, Henry Carr, who briefly found himself in the same circles as those luminaries. As the play opens, decades later, he’s trying to conjure up a memoir about his time in the presence of the greats, with the implication that he deserves to be considered among their ranks.

In Rosencrantz and Guildenstern Are Dead, the play that made Stoppard into a star at age 29, the two title characters grapple with their inability to in any way change the course of a narrative — that of Hamlet — that they know will lead to their deaths. In Shakespeare in Love, the film that won Stoppard an Oscar in 1998, he and his coauthor Marc Norman imagined the king of English playwrights as a young man full of talent but still struggling toward greatness, in need of an overwhelming emotional shock to propel him into complete ownership of his gifts.

There are the 19th-century Russian revolutionaries of the ambitious trilogy The Coast of Utopia; the intellectuals seeking to redefine the world and its history in Arcadia; the striving academics of The Hard Problem; the newly emancipated Viennese Jews of Leopoldstadt, the play Stoppard wrote that most profoundly invoked his heritage. Over and over, variations of the same question emerge. What does it mean to live completely and well, as an individual and a member of society?

“If there is any meaning in any of it” — “it” being the brutal course of history, its neverending cycles of destruction — “it is in what survives as art, yes even in the celebration of tyrants, yes even in the celebration of nonentities,” Joyce declares in Travesties. Later, Carr echoes him — a surprise, as the two hold very little respect for one another. When told that the only relevant function of art is “social criticism,” he protests.

“A great deal of what we call art,” he says, “has no such function, and yet in some way it gratifies a hunger that is common to princes and peasants.”

Not everyone wants to be an artist, and, as Carr reflects at the end of Travesties, it’s a sure thing that not everyone can be. But in the wake of Stoppard’s death, I’ve found myself thinking about the mother of my one-time source, so enraptured by what Stoppard created that her own child saw his work as the most profound passion of her life.

It’s easy to say that kind of effect made Stoppard’s life important. But the quieter story, I think, is that it made that devoted fan’s life important, too. Because she loved Stoppard, she saw herself as more firmly secured in her own existence; she saw herself as having a purpose and place.

To help someone experience their own significance — to gratify the common hunger that afflicts us all — is a great gift. And Stoppard gave it to many, including to me.

The post The gift Tom Stoppard gave to me — and to all who adore him appeared first on The Forward.

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Iran to Boycott World Cup Draw Over Visa Restrictions

Soccer Football – World Cup Playoff Tournament and European Playoff draws – FIFA Headquarters, Zurich, Switzerland- November 20, 2025 The original FIFA World Cup trophy is kept on display during the draws. Photo: REUTERS/Denis Balibouse

Iran intends to boycott next week’s World Cup draw due to the limited number of visas allocated to the country’s football federation.

According to the Tehran Times, the United States issued visas to only four members of Iran‘s delegation, with requests for three additional visas denied, including one for Iranian Football Federation (FFIRI) President Mehdi Taj.

“We have informed FIFA that the decisions taken are unrelated to sport and that the members of the Iranian delegation will not participate in the World Cup draw,” FFIRI spokesman Mehdi Alavi said on Friday, per the report.

Alavi said the federation has been in contact with FIFA in an effort to resolve the situation.

The World Cup draw will take place on Dec. 5 at the Kennedy Center in Washington, D.C.

The expanded 48-team World Cup is being hosted by the United States, Canada and Mexico from June 11 to July 19, 2026. Matches will be played at 16 venues, including three in Mexico and two in Canada.

The draw will sort the teams into 12 groups of four. The top two teams from each group and the eight best third-place teams will advance to the knockout stage.

Iran has secured a spot in its fourth consecutive World Cup and seventh appearance overall.

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