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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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Dublin to Rename Chaim Herzog Park in a Move Slammed as Attempt to Erase Jewish History
Anti-Israel demonstrators stand outside the Israeli embassy after Ireland has announced it will recognize a Palestinian state, in Dublin, Ireland, May 22, 2024. Photo: REUTERS/Molly Darlington
i24 News – Citing the Gaza war, Dublin city council voted to rename a park honoring Israel’s sixth president, the Irish-born Chaim Herzog, in further manifestation of anti-Israel sentiment in the country.
While a new name is yet to be chosen, reports cite efforts by pro-Palestinian activists to change it to the “Free Palestine Park.”
Former Irish justice minister Alan Shatter harshly criticized the vote, charging that “Dublin City Council has now gone full on Nazi & a committee of the Council has determined it should erase Jewish/Irish history. Herzog Park in Rathgar is named after Chaim Herzog, Israel’s 6th President, brought up in Dublin by his father, Yitzhak HaLevi Herzog, a friend of Eamon De Valera, who was Chief Rabbi of Ireland & Israel’s first Chief Rabbi… Some councillors want the Park renamed ‘Free Palestine Park.”
The Jewish Representative Council of Ireland issued a statement regarding the renaming of Herzog Park.
“It sends a hurtful and isolating message to a small minority community that has contributed to Ireland for centuries. We call on Dublin City Councillors to reject this motion. The removal of the Herzog name from this park would be widely understood as an attempt to erase our Irish Jewish history.”
A virtuoso diplomat and an intellectual giant, Herzog had served in a variety of roles throughout his storied career, including a memorable stint as the ambassador to the United Nations, where in 1975 he delivered a speech condemning the Soviet-engineered resolution to brand Zionism as a form of racism. The address is now regarded as a classic, along with the oration from the same session by the US Ambassador Daniel Patrick Moynihan.
Israel’s Foreign Minister Gideon Sa’ar slammed the decision, saying that Ireland’s “antisemitic and anti-Israel obsession is sickening.”
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Qatar’s Al Thani to Visit Beirut Wednesday to Meet with Lebanon’s Leaders
Qatar’s Prime Minister and Foreign Minister Mohammed bin Abdulrahman Al Thani makes statements to the media with then-US Secretary of State Antony Blinken, in Doha, Qatar, Oct. 13, 2023. Photo: Jacquelyn Martin/Pool via REUTERS
i24 News – Qatar’s Prime Minister Mohammed Al Thani will visit Beirut on Wednesday to meet with Lebanon’s leaders, Al-Jadeed reported Saturday.
The visit comes “as part of an effort inseparable from the efforts by Egypt in coordination with Arab countries, foremost among them Saudi Arabia.”
The trip coincides with a sensitive period for the country, ravaged by war and deep economic crisis.
Lebanon is under growing pressure from both Israel and the United States to more swiftly disarm Hezbollah and other Islamist groups across the country, with Israel increasingly inclined to stop the Shiite militia from rearming and rebuilding its infrastructure.
Hezbollah was left devastated in the aftermath of a nine-day war last year, that saw Israel take out its command structure and lay waste to a significant proportion of its missile arsenal.
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Pope Removes Shoes But Doesn’t Pray on Visit to Istanbul’s Blue Mosque
Pope Leo XIV visits the Sultanahmet Mosque, known as the Blue Mosque, during his first apostolic journey, in Istanbul, Turkey, November 29, 2025. REUTERS/Kemal Aslan
Pope Leo visited Istanbul’s Blue Mosque on Saturday, removing his shoes in a sign of respect but not appearing to pray in his first visit as leader of the Catholic Church to a Muslim place of worship during his four-day visit to Turkey.
The first US pope bowed slightly before entering the mosque and was led on a tour of the expansive complex, able to hold 10,000 worshipers, by its imam and the mufti of Istanbul.
Leo, walking in white socks, smiled during the 20-minute visit and joked with one of his guides, the mosque’s lead muezzin – the official who leads the daily calls to prayer.
The Vatican appeared surprised that Leo had not stopped to pray during the visit and that he had not been welcomed to the mosque by the head of Turkey’s state-run religious organization, known as the diyanet, as had been planned.
About three hours after the visit, the Vatican released a press statement saying both the prayer and the welcome had occurred, although they had not. The Vatican press office said the release had been sent in error.
LEO’S FIRST TRIP AS POPE BEING CLOSELY WATCHED
Askin Musa Tunca, the muezzin, told journalists after the mosque visit that he asked Leo during the tour if he wished to pray for a moment, but the pope said he preferred to just visit the mosque.
The Vatican said in a statement immediately after the visit that Leo undertook the tour “in a spirit of reflection and listening, with deep respect for the place and for the faith of those who gather there in prayer.”
While Leo did not appear to pray during the tour, he did joke with Tunca. As the group was leaving the building, the pope noticed he was being guided out a door that is usually an entryway, where a sign says: “No exit.”
“It says no exit,” Leo said, smiling. Tunca responded: “You don’t have to go out, you can stay here.”
The pope is visiting Turkey until Sunday on his first overseas trip as pontiff, which also includes a visit to Lebanon.
Leo, a relative unknown on the world stage before becoming pope in May, is being closely watched as he makes his first speeches overseas and interacts for the first time with people outside mainly Catholic Italy.
The Blue Mosque is officially named for Sultan Ahmed I, leader of the Ottoman Empire from 1603 to 1617, who oversaw its construction. It is decorated with thousands of blue ceramic tiles, the basis of its popular name.
NO VISIT TO HAGIA SOPHIA
The 17th-century structure is located across from the Hagia Sophia, a former Byzantine-era cathedral that Leo did not visit, in a break from past papal trips to Turkey. The Hagia Sophia, one of Christianity’s most important places of worship for about a millennium, was made a mosque for 500 years after the fall of the Byzantine Empire.
It was converted to a museum by Turkey’s secular republic more than 70 years ago but turned back into a mosque by President Tayyip Erdogan in 2020.
The Vatican has not commented on Leo’s decision not to visit the Hagia Sophia. The late Pope Francis, who visited the structure during a 2014 trip to Turkey, said in 2020 that he was “very pained” that it had been made a mosque again.
Leo chose mainly Muslim Turkey as his first overseas destination to mark the 1,700th anniversary of a landmark early Church council there that produced the Nicene Creed, still used by most of the world’s Christians today.
At a ceremony on Friday to commemorate the Church council with Christian leaders from across the Middle East, the pope condemned violence in the name of religion and urged Christians to overcome centuries of heated divisions.
Speaking to senior clerics from countries including Turkey, Egypt, Syria and Israel, Leo called it a scandal that the world’s 2.6 billion Christians were not more united.
Leo repeated his condemnation of religious violence on Saturday at a Mass with Catholics at Istanbul’s Volkswagen Arena, attended by about 4,000 people.
He also met with Ecumenical Patriarch Bartholomew, who is based in Istanbul and is the spiritual leader of the world’s 260 million Orthodox Christians.
In a joint declaration, the two leaders lamented the number of bloody conflicts around the world and pleaded for civil and political leaders to pursue peace.
