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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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Toronto man arrested after allegedly shooting at Orthodox Jews outside a synagogue
(JTA) — Police in Toronto have arrested a man they say shot at “visibly identifiable members of the Jewish community” on two occasions a week apart.
Ruslan Novruzov, 18, is charged with assault with a weapon and possession of a weapon for a dangerous purpose in conjunction with the shootings, which took place on April 30 and Thursday, one week later.
In both incidents, people experienced minor injuries, according to the Toronto police. The shooting on Thursday targeted three people standing outside of Congregation Chasidei Bobov, an Orthodox synagogue.
Following the shootings, the Toronto police tracked a blue Lexus to a residence in a suburb about 15 miles north of the shootings, where they said they searched both a home and a car and seized evidence including two “gel-blaster imitation firearms.”
The shootings and arrest add to a string of recent incidents targeting Jews and Jewish institutions in the Toronto area. A different 18-year-old man was charged last week in connection with two synagogue shootings that took place on March 6, but other incidents remain unsolved. No major injuries or damage has been reported, but the incidents have swelled anxiety within the city’s Jewish communities.
“We recognize that Jewish residents have been living with a heightened sense of fear due to repeated incidents targeting their community, and this only adds to that, which is unacceptable,” Acting Deputy Chief Joe Matthews said in a statement following Novruzov’s arrest. “While the weapons used were imitation firearms, the impacts are very real. These are criminal acts that we allege were meant to intimidate and cause fear.”
The Centre for Israel and Jewish Affairs, Canada’s main Jewish advocacy group, expressed gratitude to the police for acting quickly.
“These incidents must continue to be treated with the seriousness they deserve, and those responsible must be held fully accountable,” it said on X. ”It’s long past time for governments and authorities to confront the serious threats driving violent attacks before we face a tragic loss of life.”
This article originally appeared on JTA.org.
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Netanyahu on ‘60 Minutes’: Fight with Hezbollah should be seen as separate from Iran war
(JTA) — In an appearance on U.S. television on Sunday night, Israeli Prime Minister Benjamin Netanyahu argued that Israel should continue fighting against Hezbollah in Lebanon even if the war in Iran concludes.
Netanyahu spoke with Major Garrett on CBS’ “60 Minutes” as President Donald Trump continues to negotiate to end the Iran war that he and Netanyahu jointly began in February. When Trump declared a ceasefire with Iran on April 7, Netanyahu initially insisted that the deal did not require Israel to stop fighting Hezbollah, an Iranian proxy based in Lebanon. The Iranians insisted that it did, and Trump soon weighed in on social media to say that Israel was “prohibited” from attacking inside Lebanon.
In the weeks since, Israel and Hezbollah have continued to fight, but at a decreased intensity. Now, with Trump seemingly not eager to resume fighting with Iran even as the Iranians have not acceded to his demands at the negotiating table, Netanyahu said the conflicts should be decoupled.
“Is it possible, Mr. Prime Minister, that the war with Iran could end but the war with Hezbollah could continue? That these would be separate and divergent fields,” Garrett asked.
“They should be,” Netanyahu answered. “What Iran would like to do is to say, ‘No, you know, if we achieve a ceasefire here, we want a ceasefire there.’”
“Will you accept that?” Garrett asked. After Netanyahu said he would not, Garrett went on: “Even if President Trump asks you to?”
Netanyahu replied, “Look, he understands what I’m saying.”
Trump’s critics on both sides of the aisle have alleged that Netanyahu pushed him into entering the war. But Netanyahu said that belief is wrong. He called reporting by The New York Times about what he told Trump during a Feb. 11 White House meeting “incorrect,” saying that he had never told Trump that regime change in Iran was an assured outcome of a shared attack.
Netanyahu also insisted to Garrett that declining public support for Israel in the United States was a product of online campaigns designed to spread misinformation.
“Do you believe that’s the only explanation, or is it possible that some Americans have come to a different sense of Israel because of the last two or three years?” Garrett pressed.
“What they see is so many falsifications and vilifications that are unfounded, but they don’t know because they just get you know, the last reel in the movie. They don’t see the entire movie,” Netanyahu said.
The Israeli government recently allocated $730 million for public diplomacy, including online campaigns, designed to boost public opinion about Israel. The allocation quadrupled what was set aside last year for that purpose.
This article originally appeared on JTA.org.
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Labour politician is booed as thousands rally against antisemitism in London
(JTA) — Thousands of British Jews, as well as politicians from multiple parties, rallied in London outside the prime minister’s residence on Sunday to call for more aggressive action against antisemitism following a string of violent attacks.
Kemi Badenoch, the Conservative party leader whose response to a heckler making light of threats against Jews went viral last week, spoke forcefully in defense of U.K. Jewry, to applause.
“I stand for a Britain where Jews can go to school freely without worrying about security,” she said. “I stand for a Britain where you can worship freely and not worry about who is coming to attack you. I stand for the celebration of Jewish culture and Jewish people. And I stand for a Britain that will always fight for you, that will always support you.”
The Labour Party representative dispatched by Prime Minister Keir Starmer, meanwhile, drew boos from an audience frustrated by what many British Jews view as an inadequate response from the government.
“I hear your anger, I hear your pain,” said Pat McFadden, the secretary of state for work and pensions. “I stand against antisemitism, I stand with you.” As he spoke, rally organizers at times interrupted to exhort the crowd to quiet down.
Gideon Falter, head of the nonprofit Campaign Against Antisemitism, called in his speech for a ban on pro-Palestinian demonstrations, which he called “hate marches,” as well as a ban on groups associated with antisemitic violence. He said U.K. Jews were facing a “Britifada,” a play on the word intifada.
He referred to a number of the most prominent recent incidents, including a stabbing in the Orthodox neighborhood of Golders Green earlier this month and an attack on a Manchester synagogue on Yom Kippur in which two congregants were killed.
“Jews stabbed. That’s the Britifada! Murder on Yom Kippur. That’s the Britifada! Synagogues ablaze. That’s the Britifada! Hatzola ambulances pelted with rocks and torched. That’s the Britifada! Jewish children nearly mown down in a car ramming. That’s the Britifada!” Falter said. “The attacks are coming thick and fast. Because Britain has become radicalized.”
The Jewish Leadership Council and the Board of Deputies of British Jews organized the rally, titled “Standing Strong: Extinguish Antisemitism,” and were joined by dozens of Jewish groups. It took place outside 10 Downing Street in central London and featured video appearances from Jews around the world as well as from Boy George, the pop singer who has emerged as an advocate against antisemitism.
The rally also drew attention because of who was and was not invited.
Ahead of the rally, thousands of people signed a petition calling for Nigel Farage, who heads the right-wing Reform party, which made significant gains in local elections on Thursday, to be disinvited, given his “division, scapegoating, racism and inflammatory rhetoric” and allegations of antisemitism during his school years. (Farage dismissed the allegations when they emerged in 2024, saying that he could not remember all instances of “playground banter” from his childhood but that he had never sought to be intentionally hurtful.)
Farage did not appear at the rally, but his deputy, Richard Tice, did. He called for penalties against universities that are seen as encouraging antisemitism.
Zack Polanski, the Jewish leader of the left-wing Green party, which made gains in the local elections despite an antisemitism scandal involving dozens of candidates, was not invited to speak.
Saul Taylor of United Synagogue, the British Orthodox umbrella group, called out Polanski during his speech, alluding to both Polanski’s criticism of the Metropolitan Police’s handling of the arrest of the alleged Golders Green attacker and his party’s pro-Palestinian platform. “The constant vilification of Israel has fueled the flames of antisemitism across our nation,” Taylor said.
Taylor said the previous week had “probably been the most movement from the government we have seen in a long time” but that the pressure should remain. Last week, after an emergency meeting at 10 Downing Street, the Metropolitan Police announced a 100-member special force to protect Jewish communities. On Sunday, the police said they had charged a man with racially or religiously motivated assault and harassment after he attacked three Jews in Enfield.
At least one liberal Jewish group opted not to participate in the rally after initially signing on. The New Israel Fund UK announced ahead of the rally that it was backing out after political figures were invited to participate.
Other liberal Jews did take the stage. Rabbis Charley Baginsky and Josh Levy of Progressive Judaism, the U.K. equivalent of the Reform movement, who were booed off the stage at an August 2025 rally for the release of the Israeli hostages after calling for an end to the war in Gaza, exhorted attendees to ensure that England is not “shaped by suspicion, anger and permanent division.”
This article originally appeared on JTA.org.
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