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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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Hezbollah Pays Steep Price in Battle to Reverse Its Fortunes
Workers remove a coffin with a body from temporary graves and prepare for transport for a funeral ceremony of four Hezbollah fighters and two civilians, amid a temporary ceasefire between Lebanon and Israel, in Tyre, southern Lebanon, April 26, 2026. Photo: REUTERS/Marko Djurica/File Photo
Hezbollah has paid a heavy price for going to war with Israel on March 2: Israel has occupied a chunk of southern Lebanon, displaced hundreds of thousands of its Shi’ite Muslim constituents and killed as many as several thousand of its fighters, according to previously unreported casualty estimates from within the group.
The move has brought severe political consequences, too. In Beirut, opposition has hardened to its status as an armed group, which domestic rivals see as exposing Lebanon to repeated wars with Israel.
In April, Lebanon’s government held face-to-face talks with Israel for the first time in decades, a decision Hezbollah firmly opposed.
However, more than a dozen Hezbollah officials told Reuters they see a chance to reverse deteriorating fortunes by aligning with Tehran in its war with Israel and the United States. The group, founded by Iran’s Islamic Revolutionary Guard Corps in 1982, opened fire two days into the conflict, which began with U.S. and Israeli strikes on Iran on February 28.
The group’s calculations are based on the assessment that its participation would force Lebanon onto the agenda of U.S.-Iranian negotiations, and that Iranian pressure can secure a more robust ceasefire than one that took effect in November 2024 following a conflict sparked by the war in Gaza, the officials said.
Hezbollah was mauled in the last war, which killed its leader, Hassan Nasrallah, along with some 5,000 fighters, and weakened its long-dominant hold over the Lebanese state.
Rearmed with Iranian help, it has used new tactics and drones, surprising many with its capabilities after a fragile 15-month truce during which Hezbollah held fire, even as Israel continued to kill its members.
Hezbollah lawmaker Ibrahim al-Moussawi denied the group was acting on Iran’s behalf when it resumed hostilities, as alleged by opponents. He told Reuters Hezbollah saw a window to “break this vicious cycle … where the Israelis can target, assassinate, bombard, kill, without any revenge.”
He acknowledged losses and damage in southern Lebanon but said “you don’t go into making calculations of how many are going to be killed” when “pride and sovereignty and independence” are at stake.
Hezbollah’s media office said the figure of several thousand fighters killed in the present war was false.
While a US-mediated ceasefire that took effect on April 16 has led to a significant reduction in hostilities, Israel and Hezbollah have continued to trade blows in the south, where Israel maintains troops in a self-declared “buffer zone.”
Yezid Sayigh, a senior fellow at the Carnegie Middle East Center in Beirut, said Hezbollah had “shown more resilience than many thought possible, but that was not a strategic gain in itself.”
“The only thing that will contain Israel is a comprehensive US-Iran deal,” he said. “Without a deal, there’s going to be a lot of pain for everyone. At best, a hurting stalemate.”
GRAVES FRESHLY DUG, AND QUICKLY FILLED
More than 2,600 people have been killed since March 2, around a fifth of them women, children and medics, Lebanon’s health ministry has reported. Its toll does not distinguish between civilians and combatants.
Three sources, two of them Hezbollah officials, said the ministry’s figures do not include many of the group’s casualties. They said several thousand Hezbollah fighters have been killed, though the group does not have the full picture yet.
In a statement to Reuters, Hezbollah’s media office denied the figures cited by the sources, and that the numbers published by Lebanon’s health ministry included its members killed in Israeli strikes.
One source, a Hezbollah commander, said scores of fighters had gone to the frontline towns of Bint Jbeil and Khiyam intending to fight to the death. Their bodies have yet to be recovered.
In the Hezbollah-controlled southern suburbs of Beirut, more than two dozen freshly dug graves were quickly filled with fighters’ bodies in the days after the ceasefire took hold. Simple marble tombstones identify some as commanders, others as fighters.
In one southern village alone, Yater, the council recorded the deaths of 34 Hezbollah fighters.
Lebanon’s Shi’ite Muslim community has borne the brunt of Israel’s attacks, forced to flee into Christian, Druze and other areas, where many blame Hezbollah for starting the war.
Israel has been entrenching its hold over a security zone stretching as far as 10 km (6 miles) into Lebanon and demolishing villages, saying it aims to shield northern Israel from attacks by Hezbollah militants embedded in civilian areas.
An Israeli government official said Hezbollah had abrogated the November 2024 ceasefire by firing on Israeli citizens on March 2. The threat to northern Israel would be eradicated, the official said, adding thousands of Hezbollah militants had been killed, and Israel was steadily destroying the group’s infrastructure.
The Israeli military says Hezbollah has fired hundreds of rockets and drones at Israel since March 2. Israel has announced 17 soldiers killed in southern Lebanon, along with two civilians in northern Israel.
Citing ongoing Israeli strikes, Hezbollah has called the April ceasefire meaningless and continued to attack.
IRAN ‘WILL NOT SELL’ THEIR FRIENDS
A diplomat who has contact with Hezbollah described its decision to enter the war as a big gamble and a survival strategy, saying it felt it needed to be part of the problem so it could be part of an eventual regional solution.
It has yet to be seen if the gamble will pay off.
Tehran has demanded that Israel’s campaign against Hezbollah be included in any deal on the wider war. But US President Donald Trump said last month that any deal Washington reaches with Tehran “is in no way subject to Lebanon.”
A spokesperson for Pakistan’s Foreign Ministry, Tahir Andrabi, referred Reuters to an April 16 statement in which he said peace in Lebanon was essential to the talks it is mediating between the U.S. and Iran.
A Western official said they saw a possibility the US and Iran might eventually reach a settlement that does not address the war in Lebanon.
Asked about this, the US State Department, Iran’s mission to the United Nations in Geneva and Lebanon’s government did not immediately comment.
Hezbollah’s Moussawi said a ceasefire in Lebanon continues to be a top priority for Iran, adding Tehran shares Lebanon’s objectives, including that Israel halt attacks and withdraw from Lebanon. Hezbollah has “full trust in Iran – that the Iranians will not sell their own friends”, he said.
The State Department referred Reuters to an April 27 interview Secretary of State Marco Rubio did with Fox News, in which he said Israel had a right to defend itself against Hezbollah’s attacks, and that he didn’t think Israel wanted to maintain its buffer zone in Lebanon indefinitely.
The United States has urged Israel “to make sure their responses are proportional and targeted,” he said.
When the April 16 ceasefire was announced, Israeli Prime Minister Benjamin Netanyahu said Hezbollah’s disarmament would be a fundamental demand in peace talks with Lebanon.
Hezbollah has ruled out disarmament, saying the matter of its weapons is a topic for a national dialogue. Any move by Lebanon to disarm the group by force would risk igniting conflict in a country shattered by civil war from 1975 to 1990.
Lebanon’s President Joseph Aoun and Prime Minister Nawaf Salam have sought Hezbollah’s peaceful disarmament since last year. On March 2, the government banned the group’s military activities.
Hezbollah has demanded the government cancel that decision and end its direct talks with Israel.
Lebanese officials have told Reuters they believe direct talks with Israel under the auspices of the US are the best way to secure a lasting ceasefire and the withdrawal of Israeli troops, as only Washington has enough leverage with Israel to achieve those aims.
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US President Trump Tells Israeli Media: ‘I Studied Iran’s New Proposal, It Is Not Acceptable to Me’
US President Donald Trump arrives to award the medal of honor to Master Sgt. Roderick ‘Roddie’ W. Edmonds, Staff Sgt. Michael H. Ollis, and retired Command Sgt. Maj. Terry P. Richardson during a ceremony in the East Room of the White House in Washington, DC, USA, 02 March 2026.
US President Donald Trump said he has reviewed Iran’s latest proposal and described it as “unacceptable” in an interview with Israeli broadcaster Kan News on Sunday. Trump added that ongoing efforts related to the conflict are “progressing very well,” without providing further details. He also renewed his call for clemency for Israeli Prime Minister Benjamin Netanyahu, arguing that Israel needs a leader focused on wartime priorities rather than legal matters.
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Israel Court Extends Detention of Gaza Flotilla Activists
Activist Saif Abu Keshek, a member of the Global Sumud Flotilla detained by Israel, sits at a magistrate’s court for a detention extension hearing in Ashkelon, southern Israel, May 3, 2026. REUTERS/Amir Cohen
An Israeli court has extended by two days the detention of two activists arrested aboard a Gaza-bound flotilla that was intercepted by Israeli forces in international waters near Greece, their lawyer said on Sunday.
Saif Abu Keshek, a Spanish national, and Brazilian Thiago Avila were detained by Israeli authorities late on Wednesday and brought to Israel, while more than 100 other pro-Palestinian activists aboard the boats were taken to the Greek island of Crete.
A court spokesperson confirmed that their remand had been extended until May 5.
The governments of Spain and Brazil issued a joint statement on Friday calling their detention illegal.
The activists were part of a second Global Sumud flotilla, launched in an attempt to break Israel’s blockade of Gaza by delivering humanitarian assistance. The ships had set sail from Barcelona on April 12.
Israeli authorities requested a four-day extension of their arrest on suspicion of offenses that include assisting the enemy during wartime, contact with a foreign agent, membership in and providing services to a terrorist organization, and the transfer of property for a terrorist organization, said rights group Adalah, which is assisting in the activists’ defense.
Hadeel Abu Salih, the men’s attorney, said that the two deny the allegations. Their arrest was unlawful due to a lack of jurisdiction, she told Reuters at the Ashkelon Magistrate’s Court after the hearing, adding that the mission was meant to provide aid to civilians in Gaza, not to any militant group.
Abu Salih said that Abu Keshek and Avila were subjected to violence en route to Israel and kept handcuffed and blindfolded until Thursday morning.
Asked for comment, the Israeli military referred Reuters to the Israeli foreign ministry, which said that staff were compelled to act to stop what it described as violent physical obstruction by Abu Keshek and Avila. All measures taken were lawful, it said.