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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. 


The post Israeli democracy may not survive a ‘reform’ of its Supreme Court appeared first on Jewish Telegraphic Agency.

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In the Social Media Age, What the Torah Teaches About Gossip Is More Relevant Than Ever

Social media apps on a smart phone. Photo: Jonathan Raa/Sipa USA via Reuters Connect

“Great minds discuss ideas; average minds discuss events; small minds discuss people.” This often-quoted line is usually attributed to Eleanor Roosevelt, although ironically, there’s no proof she actually said it. This makes it a fitting introduction to a discussion on gossip, truth, and our tendency to repeat irresistible stories — real or not.

Modern psychology has devoted a surprising amount of attention to the study of gossip, and its conclusions are rather more nuanced than one might expect. Far from being merely idle chatter or malicious whispering, gossip turns out to serve a meaningful social function. It helps people bond and creates the kind of informal networks that allow individuals to navigate the complexities of social life.

In other words, when people engage in what we dismissively call tittle-tattle, they are often doing something constructive — strengthening connections and quietly laying the foundations of lasting social relationships.

And yet, research underscores a vital caveat: While gossip can build social bonds, its malicious form erodes trust and achieves the opposite effect. When gossip sours, it distorts reality, encourages harsh, often unjustified judgments, and breeds suspicion.

What starts as a seemingly harmless exchange — “Did you hear what happened with so-and-so?” — can swiftly become a narrative with far-reaching consequences, echoing widely and lingering long after the original words.

That has always been the case. But recently, the scale, speed, and stakes have increased. Social media has supercharged gossip, making it far more potent and dangerous. What once occurred in private circles now unfolds publicly, amplified by algorithms favoring outrage and sensationalism. Gossip isn’t just local — it fuels widespread conspiracy and can fracture societies.

The wave of conspiracy theories proliferating online in recent years — claims about hidden forces manipulating events, and viral rumors about public figures spreading faster than corrections — has seeped into mainstream conversation. News of public shootings or assassination attempts quickly sparks theories of “false flag” operations or that those arrested are merely patsies.

Such narratives start on the fringes but spread quickly because they tap into a deeply human urge: to feel privy to hidden knowledge, to believe we see what others do not. By the time facts emerge, the damage is done — and facts are dismissed as cover-ups. Reputations inevitably suffer, and the harmful consequences outlast the true facts.

What all of these examples have in common is not merely their inaccuracy, but their emotional appeal. Gossip, whether ancient or modern, thrives on a particular kind of pleasure — the satisfaction of being “in the know,” coupled with the subtle reinforcement of one’s own worldview.

In a polarized environment, that pleasure is intensified. We are far more inclined to believe, and to repeat, information that confirms what we already think, especially when it casts the “other side” in a negative light.

All this signals a broader societal shift. Modern, digitized gossip now powerfully drives polarization. It is no longer just people speaking ill of each other; it has become a process where entire communities build parallel realities, each sustained by its own ecosystem of rumors, half-truths, and falsehoods.

Given these developments, the Torah’s treatment of gossip in Parshat Tazria–Metzora feels less like an ancient curiosity and more like a strikingly relevant corrective. The metzora — one afflicted with tzara’at, a discoloration that appears on skin, clothing, or walls — is traditionally seen by Chazal as suffering the consequences of lashon hara, harmful speech.

Remarkably, it is not just about the harmful speech producing a physical manifestation, but also the response to the condition: The metzora is isolated (Lev. 13:46): בָּדָד יֵשֵׁב מִחוּץ לַמַּחֲנֶה מוֹשָׁבוֹ  – “he must sit alone, outside the camp.” The social fabric once woven by innocuous gossip is now withdrawn; the result of malicious speech is, quite literally, social isolation.

Lashon hara does more than harm its immediate target; it undermines the integrity of the entire community. It distorts reality, erodes trust, and creates divisions where cohesion should prevail. In a society built on shared values and mutual responsibility, that kind of corrosion cannot simply be ignored.

But the Torah does not merely punish — it educates. The isolation of the metzora is not an act of rejection, but an opportunity for reflection. Removed from the constant chatter and the endless exchange of words, the metzora is forced to confront the true power of speech — what it can build, and what it can so easily destroy.

In our world, we rarely experience that kind of enforced pause, especially in an age of addictive smartphone use. We scroll endlessly through emails, messages, videos, and social media, caught in a relentless information stream.

The pressure to respond is immediate, and the urge to share something that is particularly evocative or provocative is ever-present. There’s always another headline, a salacious rumor, or some kind of “inside information” demanding attention and ready to be passed along.

The medium may have changed, but the core dynamic remains. Words still shape reality; they influence how we see others, interpret events, and position ourselves in society. The only real difference is that the ripple effects are now far greater.

Our goal shouldn’t be to eliminate social chatter — which is neither possible nor desirable — but to act with more responsibility. The fleeting satisfaction of spreading sensational news is often outweighed by the long-term cost to truth and trust.

One should certainly resist being the first to repeat a story; instead, be the person who ensures accuracy and fairness. This discipline, difficult in a culture favoring speed over nuance, is what the Torah seeks to instill.

Millennia before social media and modern polarization, the Torah revealed a simple truth: Speech is not neutral. It leaves a mark and, when misused, can fracture people and communities.

Every time we want to share that intriguing, unverified detail, we aren’t just making harmless conversation. We are shaping the world we and others live in. That’s a responsibility to take seriously.

The author is a rabbi in Beverly Hills, California.

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Europe’s Counterterrorism Strategy: How Laws and Intelligence Cooperation Strengthened Security

French police and members of French special police forces of Research and Intervention Brigade (BRI) secure the area near Iran’s consulate where a man was threatening to blow himself up, in Paris, France, April 19, 2024. Photo: REUTERS/Benoit Tessier

Over the past two decades, Europe has faced evolving terrorist threats that required a comprehensive and coordinated response. From lone-wolf attacks to transnational extremist networks, European states have been compelled to rethink their security frameworks. In response, the European Union and its member states have developed a multi-layered counterterrorism strategy centered on legislation, intelligence cooperation, and institutional coordination. This approach has significantly enhanced Europe’s ability to prevent and respond to terrorism, although challenges remain.

At the core of Europe’s counterterrorism efforts lies a robust legal framework. European countries have introduced extensive legislation aimed at criminalizing terrorism-related activities, including recruitment, financing, incitement, and travel for extremist purposes. These laws are designed not only to punish acts of terrorism but also to prevent them before they occur. By harmonizing legal standards across member states, the European Union has reduced legal loopholes that previously allowed suspects to exploit differences between national systems.

One of the most important aspects of this legal evolution is the emphasis on preventive measures. Authorities now have greater powers to monitor suspects, disrupt networks, and intervene at earlier stages of radicalization. This proactive approach reflects a shift from reactive policing to anticipatory security, where the focus is on identifying threats before they materialize.

However, legislation alone is not sufficient. Intelligence cooperation has become a cornerstone of Europe’s counterterrorism strategy. Given the transnational nature of modern terrorist networks, no single country can effectively combat terrorism in isolation. European intelligence agencies have therefore intensified their collaboration through formal and informal mechanisms that facilitate the exchange of information.

A key platform in this regard is the Counter Terrorism Group (CTG), which brings together intelligence services from EU member states to share assessments and coordinate responses. In parallel, agencies such as Europol and Eurojust play a crucial role in operational coordination and judicial cooperation. Europol supports law enforcement by providing intelligence analysis, while Eurojust facilitates cross-border prosecutions and legal coordination.

The importance of information sharing cannot be overstated. Timely and accurate intelligence allows authorities to track suspects across borders, identify emerging threats, and prevent attacks. Systems such as the Schengen Information System (SIS) enable member states to share alerts on individuals suspected of involvement in terrorism, enhancing border security and law enforcement effectiveness.

In addition to intra-European cooperation, transatlantic collaboration has also been a key component of counterterrorism efforts. The United States and European countries have worked closely to exchange intelligence, track foreign fighters, and dismantle terrorist networks. For example, data sharing initiatives have enabled European authorities to identify individuals returning from conflict zones and assess the risks they pose.

Another critical dimension of Europe’s counterterrorism strategy is the effort to cut off funding for extremist groups. Terrorist organizations rely on financial resources to operate, recruit, and carry out attacks. European governments have implemented strict measures to combat money laundering and terrorist financing, including enhanced financial surveillance, regulatory oversight, and international cooperation. These efforts aim to disrupt the financial lifelines of extremist networks and reduce their operational capabilities.

Despite these advancements, Europe continues to face significant challenges. One of the most pressing issues is the phenomenon of radicalization, particularly among individuals who are born and raised in Europe. Online platforms have become a major tool for extremist propaganda, making it easier for groups to recruit and indoctrinate individuals. Addressing this challenge requires not only security measures but also social and ideological interventions that tackle the root causes of extremism.

Another challenge is balancing security with civil liberties. Expanding surveillance powers and preventive measures has raised concerns about privacy and human rights. European governments must navigate this delicate balance to ensure that counterterrorism efforts do not undermine the democratic values they seek to protect.

Moreover, the return of foreign fighters from conflict zones such as Syria and Iraq poses an ongoing security risk. European countries must decide how to handle these individuals, whether through prosecution, rehabilitation, or monitoring. This issue highlights the complexity of modern counterterrorism, where legal, ethical, and security considerations intersect.

In conclusion, Europe’s counterterrorism strategy has evolved into a comprehensive system that combines legislation, intelligence cooperation, and financial controls. By strengthening legal frameworks, enhancing information sharing, and fostering international collaboration, European countries have significantly improved their ability to combat terrorism. However, the dynamic nature of the threat means that these efforts must continue to adapt. Future success will depend on maintaining this balance between security, cooperation, and the protection of fundamental freedoms.

The author is a political analyst specializing in Middle East affairs, with a focus on political Islam, regional security, and minority rights.

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Gen Z Canceled Critical Thinking

Illustrative: Thousands of anti-Israel demonstrators from the Midwest gather in support of Palestinians and hold a rally and march through the Loop in Chicago on Oct. 21, 2023. Photo: Alexandra Buxbaum/Sipa USA via Reuters Connect

As a society, we haven’t reckoned with the impact that cancel culture has had on Gen Z, and we need to.

Starting in 2020, cancel culture was implemented through social ostracization, major media campaigns, online bullying, and toxic one-sided debates used to demean individuals for their perspectives. For developing brains, cancel culture created a very real fear in their life: the fear of social death.

Because cancel culture doesn’t care about your morals or values, it is used as a form of social control that latches on to anything different from the dominant political ideologies. Social death will be performed through ostracization.

For Gen Z, cancel culture taught us not to share our own perspectives, not to post our own ideas on social media, and, saddest of all, to stop talking with one another about conflicting ideas. Cancel culture has led to a form of self-suppression, effectively silencing ourselves. This in turn has led to the decline of critical thinking and allowed for a mental void to take the spot of a once-busy analytical brain.

Critical thinking has become dangerous in a society that platforms specific ideologies above democratic debate.

As a society, we have not truly realized what cancel culture has done to our generation, starting in 2020. Professors and teachers continue to ask students, “What do you think about this?” and expect an authentic answer, not realizing the student can only give them a safe answer from within the accepted ideological bubble. Because if a student steps outside of what has been deemed “moral” by the virtue-signaling police, they will be shunned and a social death will ensue.

I’ve experienced this firsthand at the University of British Columbia (UBC), a university with over 60,000 students but no room for different views.

The dominant social justice warrior ideology on campus has become anti-Israel, and wearing my IDF hoodie draws vicious UBC Reddit and social media attacks. When I discussed a translation assignment with an English professor and said I’d like to translate a Hebrew prayer, I was pulled aside and asked if I “work for Zionist entities?” Through social isolation, my peers and professors alike have shunned me for my support of Israel, simply because it doesn’t align with the dominant woke ideologies of our generation.

Unless we reckon with cancel culture, which has been branded as a purity test for moral clarity, we can’t begin to discuss how to get children to think critically again.

As a society, we allowed this disease to affect the brains of my generation. Unless we do something about it, we will become Generation Zombie, and the mental apocalypse will be upon us.

I used to feel afraid to share my own opinions when I started university, because for a while, cancel culture won, and I muzzled myself. But this is anti-democratic; intimidation of thought has become a tool to control our young, impressionable generation. We must reckon with this before moving forward and taking accountability for a solution.

My solution to this disease is to ask questions. We have to revert back to our pre-school cognitive development stages, when we asked, “why, what, when, where, and how.” We have to revert back to searching for answers and hearing a difference of opinion.

This sounds simple at its core. However, to Generation Zombie, we have to reteach these fundamental cognitive capacities. I say this as a Gen Zer who has lived experience inside our Canadian university system since 2020 and can attest that academic rigor and the ability to grapple with complex ideas are going the way of the dodo bird.

Be curious. Ask questions.

The author is a fourth-year student at the University of British Columbia, studying Anthropology and Jewish Studies. Zara works for the non-profit organization StandWithUs Canada as the BC Campus & Western Canada High School Manager.
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