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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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US-Brokered Peace Talks Break Off Without Deal After Overnight Russian Bombardment of Ukraine
Some windows glow in a residential building left without heating and facing long power cuts after critical civil infrastructure was hit by recent Russian missile and drone strikes, amid Russia’s attack on Ukraine, in Kyiv, Ukraine, January 23, 2026. Photo: REUTERS/Alina Smutko
Ukraine and Russia ended a second day of US-brokered talks in Abu Dhabi on Saturday without a deal but with more talks expected next weekend, even as overnight Russian airstrikes knocked out power for over a million Ukrainians amid subzero winter cold.
Statements after the conclusion of the talks did not indicate that any agreements had been reached, but Moscow and Kyiv both said they were open to further dialogue.
“The central focus of the discussions was the possible parameters for ending the war,” President Volodymyr Zelensky wrote on X after the meeting.
More discussions were expected next Sunday in Abu Dhabi, said a US official who spoke to reporters immediately after the talks.
“We saw a lot of respect in the room between the parties because they were really looking to find solutions,” said the official, speaking on condition of anonymity.
“We got to real granular detail and (we feel) that next Sunday will be, God willing, another meeting where we push this deal towards its final culmination.”
A UAE government spokesperson said there was face-to-face engagement between Ukraine and Russia — rare in the almost four-year-old war triggered by a full-scale Russian invasion — and negotiators tackled “outstanding elements” of Washington’s peace framework.
Looking beyond next week’s negotiations in Abu Dhabi, the US official voiced hopes for further talks, possibly in Moscow or Kyiv.
“Those sorts of meetings have to happen, in our view, before we get a bilateral between (Russian President Vladimir) Putin and Zelensky, or a trilateral with Putin, Zelensky and President Trump. But I don’t think we’re so far away from that,” the official said.
BOMBARDMENT OF UKRAINE BEFORE SECOND DAY OF TALKS
The bombardment of Ukraine’s capital Kyiv and its second-largest city Kharkiv by hundreds of Russian drones and missiles prompted Foreign Minister Andrii Sybiha – who was not at the talks – to accuse Putin of acting “cynically.”
“This barbaric attack once again proves that Putin’s place is not at (US President Donald Trump’s) Board of Peace, but in the dock of the special tribunal,” Sybiha wrote on X.
“His missiles hit not only our people, but also the negotiation table.”
Saturday was scheduled to be the final day of the talks, billed by Zelensky as the first trilateral meeting under the US-mediated peace process.
The UAE statement said the talks were conducted in a “constructive and positive atmosphere” and included discussions about confidence-building measures.
Kyiv is under mounting Trump administration pressure to make concessions to reach a deal to end Europe’s deadliest and most destructive conflict since World War Two.
US peace envoy Steve Witkoff said at the annual World Economic Forum in Davos this week that a lot of progress had been made in the talks and only one sticking point remained. However, Russian officials have sounded more skeptical.
RUSSIA WANTS ALL OF DONBAS
After Saturday’s talks, Zelensky said the US delegation had raised the issue of “potential formats for formalizing the parameters for ending the war, as well as the security conditions required to achieve this”.
The US official said the proposed security protocols were widely seen as “very, very strong.”
“The Ukrainians and many of the national security advisors of all the European countries have reviewed these security protocols. And to a person, and this includes NATO, including (NATO Secretary General) Mark Rutte, they have expressed the fact that they’ve never seen security protocols this robust,” the official said.
Ahead of the discussions, Kremlin spokesman Dmitry Peskov said on Friday Russia had not dropped its insistence on Ukraine yielding all of its eastern area of Donbas, the industrial heartland grouping the regions of Donetsk and Luhansk.
Putin’s demand that Ukraine surrender the 20 percent it still holds of Donetsk – about 5,000 sq km (1,900 sq miles) – has proven a major stumbling block to any deal. Most countries recognize Donetsk as part of Ukraine. Putin says Donetsk is part of Russia’s “historical lands.”
Zelensky has ruled out giving up territory that Russia has not been able to capture in four years of grinding, attritional warfare against a much smaller foe. Polls show little appetite among Ukrainians for any territorial concessions.
Russia says it wants a diplomatic solution but will keep working to achieve its goals by military means as long as a negotiated solution remains elusive.
Umerov, the secretary of Ukraine’s National Security and Defense Council, said late on Friday that the first day of talks had addressed parameters for ending the war and the “further logic of the negotiation process.”
Meanwhile, Ukraine came under renewed Russian bombardment.
Ukraine’s air force said Russia had launched 375 drones and 21 missiles in the overnight salvo, which once again targeted energy infrastructure, knocking out power and heat for large parts of Kyiv, the capital. At least one person was killed and over 30 injured.
Before Saturday’s bombardment, Kyiv had already endured two mass overnight attacks since the New Year that cut electricity and heating to hundreds of residential buildings. Ukraine’s deputy prime minister said on Saturday that 800,000 people in Kyiv – where temperatures were around -10 degrees Celsius – had been left without power after the latest Russian assault.
Zelensky said on Saturday Russia’s heavy overnight strikes showed that agreements on further air defense support made with Trump in Davos this week must be “fully implemented.”
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Conscription Law Heads to Final Vote in Knesset Amid Political Showdown
A drone view of Jerusalem with the Knesset, the Israeli parliament, in Jerusalem, Feb. 4, 2025. Photo: REUTERS/Ilan Rosenberg
i24 News – Israel’s conscription law is reaching its final stretch as the Foreign Affairs and Defense Committee is expected to complete its discussions this week before bringing it to a first reading vote in the Knesset plenum, i24NEWS’s Ultra-Orthodox (Haredi) affairs correspondent Ari Kalman reported Sunday.
The legal counsel of the Foreign Affairs and Defense Committee is expected to support the legislation, subject to changes that will be made in the wording of the law. However, it is not certain that this will satisfy its opponents. Meanwhile, opponents of the law within the coalition insist that they have “a majority that can defeat the law.”
Against the backdrop of the crisis with the Haredi parties, the state budget is expected to be brought to a first reading vote on Monday. Recently, i24NEWS reported that the Knesset’s legal advisor, Attorney Sagit Afik, told Knesset members that at least two months are required from the moment it is placed on the Knesset table until its final approval. Therefore, the coalition is required to submit it this week in order for it to be approved on time.
The problem facing the coalition and Prime Minister Netanyahu is that this year there is not enough time to pass the budget by the end of March, as Passover Eve falls on April 1, and therefore the budget needs to be approved in its third reading by March 25, two months from today.
Amid the pressure and the attempt to bring the budget to a vote, the Hasidic Council of Torah Sages published its decision this month against the conscription law: “The Council expresses its deep pain and concern over the campaign of harassment against Torah students by various authorities, the harm to them and to their rights, their public denigration and humiliation for being students of God’s Torah; something that is becoming increasingly severe.”
They also wrote that the Council of Torah Sages demands a law “without personal and institutional sanctions and without arrests, as has been customary all these years. Any other legislation that harms Torah scholars whose Torah study is their profession, imposes sanctions on them, or sets quotas is unacceptable. And it must be opposed with all force.”
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Syria and Kurdish Forces Extend Ceasefire by 15 Days Amid Rising Tensions
A person holds flags as people celebrate after the Kurdish-led and US-backed Syrian Democratic Forces (SDF), which controls much of Syria’s oil-rich northeast, has signed a deal agreeing to integrate into Syria’s new state institutions, the Syrian presidency said on Monday, in Damascus, Syria, March 11, 2025. Photo: REUTERS/Khalil Ashawi
i24 News – A four-day ceasefire between Syrian government forces and Kurdish-led Syrian Democratic Forces (SDF), which expired on Saturday night, has been extended by 15 days, officials from both sides said, providing a temporary respite amid rising tensions in northeast Syria.
The extension, effective from 11 PM local time, was announced by Syria’s defense ministry to support an ongoing US operation transferring Islamic State detainees from Syrian prisons into Iraq. The SDF confirmed the agreement was reached through international mediation, while dialogue with Damascus continues.
The ceasefire follows recent advances by government troops, who seized swathes of northern and eastern territory from the SDF in the past two weeks, consolidating control under President Ahmed al-Sharaa. Sharaa had initially given SDF forces until Saturday to lay down arms or face renewed fighting.
The US has been conducting shuttle diplomacy to establish a lasting ceasefire and facilitate the integration of the SDF, which was Washington’s main partner in Syria for years, into the state led by Sharaa. Senior US and French officials reportedly warned Sharaa against sending troops into remaining Kurdish-held areas to avoid potential mass abuses against civilians.
As tensions escalated ahead of the Saturday deadline, SDF forces reinforced positions in Qamishli, Hasakeh, and Kobane. Kurdish security sources indicated the buildup was precautionary amid fears of renewed conflict.
The offensive earlier this month marked the culmination of a year of rising tensions. Sharaa, whose forces toppled Bashar al-Assad in late 2024, aims to bring all of Syria under state control, while Kurdish authorities have resisted merging their autonomous civilian and military institutions into Sharaa’s administration.
With key oil fields, hydroelectric dams, and facilities holding Islamic State detainees now under government control, the 15-day ceasefire offers a brief pause. The situation remains fragile, and the international community continues to monitor developments closely.