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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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New documentary captures the lively history of Yiddish theater in America
The new documentary Immigrant Songs: Yiddish Theater and the American Jewish Experience, produced by the Milken Archive of Jewish Music, is fast, entertaining and a good introduction to the topic.
Focusing mainly on the musical side of the story, but covering ‘straight plays’ as well, the film opens with a superb ‘warm-up act’: “Hu Tsa Tsa,” a stock Yiddish vaudeville number performed by the widely mourned Bruce Adler, who died in 2008 at age 63. Bursting with charm and talent, Adler, scion of a top Yiddish vaudeville family, demonstrates that Yiddish theater used to be pretty damned lively.
What follows is the oft-told story of the rise and decline of the American Yiddish theater, beginning with its prehistory in the Purimshpiels — the annual performances that for centuries served as the only secular entertainment in the Ashkenazic world. From there the film takes us to Yiddish theater’s 1876 birth in Romania, courtesy of Avrom Goldfadn, a.k.a. “The Father of Yiddish Theater.”
The film also describes Yiddish theater’s arrival in America, which, thanks to massive Jewish immigration, quickly became its capital. We learn of its influence on American theater’s styles of acting and set design. And the film describes the decline of its audience, due to assimilation and the immigration quotas of the 1920s.
There’s an excellent section on “The Big Four” Yiddish theater composers — Joseph Rumshinsky, Alexander Olshanetsky, Abe Ellstein, and Sholom Secunda. All in all, the documentary does a fine job of teaching the aleph-beyz, the ABCs, of the history of Yiddish theater to the uninitiated.
The most impressive aspect of Immigrant Songs is its well-crafted pace. Though there are a few snippets of vintage Yiddish cinema (Yiddish theater’s “kid brother”), most of the film consists of recent concert footage, some well-selected photographs and ephemera, and a lot of talking heads. Almost every prominent Yiddish theater historian was interviewed for it, along with several musicologists, an archivist, Yiddish actors, directors, producers, etc. (Full disclosure: I am one of them.) Director Jeff Janeczko cuts between the interviewees so smoothly — sometimes in mid-sentence — that it feels like they’re in the same room and feeding off each other’s energy. The movie just flies by.
There are a few errors. Marc Chagall is described as an important designer of Yiddish theater; actually he designed one minor production in Russia in 1921, and never did another. In a bizarre, and biblically illiterate, statement, one interviewee claims that Jews hadn’t developed a theater culture earlier because the Second Commandment’s prohibition of “graven images” forbade the construction of sets. (Actually it’s about idol worship.)
Another interviewee claims that the Yiddish play Der Yeshiva Bokher; oder, Der Yudisher Hamlet — The Yeshiva Student; or, The Jewish Hamlet (Yiddish plays then often had subtitles), is closely patterned on Shakespeare’s tragedy. In truth, the play — written by Isidore Zolotarevski, the prolific writer of shund (“trash”) melodramas — is not only awful, but is as close to Shakespeare as baked ham is to your grandmother’s kreplach.
The film’s biggest fault, however, is its short running time (45 minutes). This is a rich topic, and too much is left by the wayside in the interest of brevity. There’s nothing about what shund melodramas felt like, why they appealed to their audiences, and why they became the only thing a lot of people know about Yiddish theater.
There’s also nothing about the World War I-era wave of shtetl plays, which reflected immigrants’ homesickness without indulging in nostalgia, and provided some of Yiddish theater’s shining moments with plays like Green Fields, The Empty Inn and Tevye. And the most important play in the Yiddish canon, The Dybbuk, is never mentioned.
Perhaps most surprisingly, considering the film’s emphasis on music, there is no examination of Yiddish theater’s influence on Broadway’s music. (Cole Porter — ironically, the only gentile among the major composers of Broadway’s Golden Age — had a pronounced Jewish lilt in a number of his songs, and he actually attended Yiddish theater regularly.)
The film’s last section is about the renewed interest in Yiddish that began in the 1970s and ’80s with the klezmer revival. Much of it focuses on the 2018 Yiddish production of Fiddler on the Roof in Yiddish, whose success was predetermined the moment the production was announced.
For the overwhelming majority of American Jews, from the Orthodox to the unaffiliated, Fiddler is all they know about the lives of their ancestors. And though it’s a world-class piece of musical theater, as a work of social history Fiddler is as phony as a glass eye. Nevertheless, for American Jews it’s a sacred text.
Fiddler was a huge hit, but it was a gimmick, a one-off, whose success does very little for the future of Yiddish theater. Worse, the Yiddish — not the text, but the lines spoken by most of the actors — was often mispronounced and had the wrong intonation. (One elderly gentleman of my acquaintance, a native Yiddish speaker from Czechoslovakia, told me he didn’t understand a word the actors said, and spent the whole evening reading the English supertitles.)
What follows the Fiddler section in Immigrant Songs is mostly bromides. But the best current Yiddish theater reflects the kind of fresh thinking that keeps the form alive.
An occasional well-presented museum piece, like the Folksbiene’s 2016 revival of Rumshinsky’s operetta The Golden Bride, is a very worthwhile project (though it, too, suffered from poorly spoken Yiddish). But the most dynamic contemporary Yiddish theater is, in Jeffrey Shandler’s apt phrase, “post vernacular” — i .e., the use of Yiddish is self-conscious, a deliberate choice rather than something that’s done automatically, as it would have been a century ago when there were a lot more Yiddish speakers in the world.
An example of this is the 2017 neo-realist film Menashe, which could far more easily and conventionally have been made in English. Or a well-known piece done in Yiddish translation, like Shane Baker’s stunning Yiddish translation of Waiting for Godot, can become something much more valuable than a mere stunt. The Yiddish version, under Moshe Yassur’s straightforward direction, humanized the play, stripping it of the encrusted pretentiousness that had hidden its soul. (When it was presented in the International Samuel Beckett Festival in Ireland, multiple audience members approached the cast afterwards with the same reaction: “I don’t speak a word of Yiddish. But I’ve seen Godot five or six times, and this is the first time I understood it.”)
There’s a lot to be learned from Immigrant Songs. If you find yourself hungry for more, you couldn’t do better than to seek out YIVO’s online Yiddish theater course “Oh, Mama, I’m in Love!” But by all means, start with Immigrant Songs. It’s a very entertaining and informative appetizer.
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UK PM Starmer Says There Could Be New Powers to Ban Pro-Palestinian Marches
British Prime Minister Keir Starmer gives a media statement at Downing Street in London, Britain, April 30, 2026. Photo: REUTERS/Jack Taylor/File photo
British Prime Minister Keir Starmer said the government could ban pro-Palestinian marches in some circumstances because of the “cumulative effect” the demonstrations had on the Jewish community after two Jewish men were stabbed in London on Wednesday.
Starmer told the BBC that he would always defend freedom of expression and peaceful protest, but chants like “Globalize the Intifada” during demonstrations were “completely off limits” and those voicing them should be prosecuted.
Pro-Palestinian marches have become a regular feature in London since the October 2023 attack by Hamas on Israel that triggered the Gaza war. Critics say the demonstrations have generated hostility and become a focus for antisemitism.
Protesters have argued they are exercising their democratic right to spotlight ongoing human rights and political issues related to the situation in Gaza.
Starmer said he was not denying there were “very strong legitimate views about the Middle East, about Gaza,” but many people in the Jewish community had told him they were concerned about the repeat nature of the marches.
Asked if the tougher response should focus on chants and banners, or whether the protests should be stopped altogether, Starmer said: “I think certainly the first, and I think there are instances for the latter.”
“I think it’s time to look across the board at protests and the cumulative effect,” he said, adding that the government needed to look at what further powers it could take.
Britain raised its terrorism threat level to “severe” on Thursday amid mounting security concerns that foreign states were helping fuel violence, including against the Jewish community.
“We are seeing an elevated threat to Jewish and Israeli individuals and institutions in the UK,” the head of counter-terrorism policing, Laurence Taylor, said in a statement, adding that police were also working “against an unpredictable global situation that has consequences closer to home, including physical threats by state-linked actors.”
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War Likely to Resume After Trump’s Rejection of Latest Proposal, Says IRGC General
Iranians carry a model of a missile during a celebration following an IRGC attack on Israel, in Tehran, Iran, April 15, 2024. Photo: Majid Asgaripour/WANA (West Asia News Agency) via REUTERS
i24 News – A senior Iranian military figure said that fighting with the US was “likely” to resume after President Donald Trump stated he was dissatisfied with Tehran’s latest proposal, regime media reported on Saturday.
The comments of General Mohammad Jafar Asadi, one of the top Islamic Revolutionary Guard Corps (IRGC) commanders, were relayed by the Fars news agency, considered as a mouthpiece of the the powerful paramilitary body.
“Evidence has shown that the Americans do not not adhere to any commitments,” Asadi was quoted as saying.
He further added that Washington’s decision-making was “primarily media-driven aimed first at preventing a drop in oil prices and second at extricating themselves from the mess they have created.”
Iranian armed forces are ready “for any new adventures or foolishness from the Americans,” he said, going to assert that the Iran war would prove for the US a tragedy comparable with what was for Israel the October 7 massacre.
“Just as our martyred Leader said that the Zionist regime will never be the same as before the Al‑Aqsa Storm operation [the name chosen by Hamas leadership for the October 7, 2023 massacre in southern Israel], the United States will also never return to what it was before its attack on Iran,” he said. “The world has understood the true nature of America, and no matter how much malice it shows now, it is no longer the America that many once feared.”