Connect with us

Uncategorized

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.

Continue Reading

Uncategorized

The one Jewish value everyone should hold dear in the age of AI

As friends, relatives and even colleagues dive headlong into our AI future, I’ve been stuck nervously on the platform’s edge. I’m not a skeptic of technology by nature, but by experience. I’ve watched too many shiny new toys come along, promising to make society smarter or better connected, only to become superspreaders of confusion, alienation and disenfranchisement.

So when you tell me a machine can summarize any book, draw any picture or write any email, my first thought is going to be, What could possibly go wrong?

This, too, was the reaction of the Haredi rabbis who declared a communal fast over AI last month.

“If at the push of a button, I can get a hold of a d’var torah for my Shabbos meal from AI, to us, that’s a problem,” a Haredi leader told me at the time. “No, no — I want you to open the book and read it and come up with a question and come up with an answer. That’s part of what’s holy about learning Torah. It’s not just end result. It’s the process.”

Curious about their logic, I spent some time tracking down Lakewood’s gedolim to learn more. This was no straightforward task — I found it easier to get a hold of their wives than the great rabbis themselves. Even at dinner hour, these titans of Torah study were still in the beit midrash. But eventually I got through to three — thanks to my cousin Jeffrey, who knew a rav who knew a rav — and that was fortunate, because I came away with the Jewish skeleton key to our brave new world.

That key is the Jewish value of עֲמֵילוּת (ameilut), or toil. As far as Jewish values go, ameilut is an obscure one. It lacks the celebrity swagger of its better-known peers like chesed and tzedakah or the political power of tikkun olam. It was never associated with a biblical matriarch or carved into a golem’s forehead. Yet I believe it is just as crucial. Yes, toiling is a mitzvah. And in the age of AI, ameilut can be a human road map.

The word’s root appears a couple dozen times in the Hebrew Bible — unsurprisingly, it’s a recurring theme in Job — but its salience comes not from the Torah but from commentary on Leviticus 26:3, which establishes ameilut as a sacred endeavor. When God implores Israel to “walk with” the commandments, Rashi, an 11th century rabbi whose commentaries are considered authoritative, reinterpreted this to mean that God wants Jews to be ameilim b’torah — toiling in Torah study. He is reinterpreting God’s command that we walk and move forward to also mean that we should take time to stand still, turn over (and over) the same words to find new meaning and view getting stuck as a sign of progress.

For Haredim — who pronounce it ameilus — the notion that struggle can be its own reward underpins a life spent poring over sefarim in the beit midrash (and missing phone calls from the Jewish press). It follows that ChatGPT, which transforms knowledge from something developed to something consumed, is anathema to their approach. They’ve realized that making learning easy has actually made learning hard.

To be sure, the goals of the Haredi world are not exactly the same as mine. Those communities are famously insular, wary of the internet and especially cognizant of secular society’s pernicious influence. I’m basically the opposite: I love to mix it up (including with Haredi Jews) and am extremely online. A little narishkeit is good for the soul, as far as I can tell.

But I’ve found that ameilut-maxxing translates pretty well to non-religious life, too. It’s an imperative to embrace the challenge. As a notoriously limited chef, I’m now toiling in cookbooks; as a writer, I can cherish the blank page. Reframing the hard part as the good part, then, is a reminder that the toil is actually our divine right. Because ameilut is something AI can’t experience, replicate or understand. It is the very essence of what it means to be alive.

The post The one Jewish value everyone should hold dear in the age of AI appeared first on The Forward.

Continue Reading

Uncategorized

Mistrial Declared in Case of Students Charged After Stanford Anti-Israel Protests

FILE PHOTO: A student attends an event at a protest encampment in support of Palestinians at Stanford University during the ongoing conflict between Israel and the Palestinian Islamist group Hamas, in Stanford, California U.S., April 26, 2024. Photo: REUTERS/Carlos Barria/File Photo

A judge declared a mistrial on Friday in a case of five current and former Stanford University students related to the 2024 pro-Palestinian protests when demonstrators barricaded themselves inside the school president’s office.

Twelve protesters were initially charged last year with felony vandalism, according to prosecutors who said at least one suspect entered the building by breaking a window. Police arrested 13 people on June 5, 2024, in relation to the incident and the university said the building underwent “extensive” damage.

The case was tried in Santa Clara County Superior Court against five defendants charged with felony vandalism and felony conspiracy to trespass. The rest previously accepted plea deals or diversion programs.

The jury was deadlocked. It voted nine to three to convict on the felony charge of vandalism and eight to four to convict on the felony charge to trespass. Jurors failed to reach a verdict after deliberations.

The charges were among the most serious against participants in the 2024 pro-Palestinian protest movement on US colleges in which demonstrators demanded an end to Israel’s war in Gaza and Washington’s support for its ally along with a divestment of funds by their universities from companies supporting Israel.

Prosecutors in the case said the defendants engaged in unlawful property destruction.

“This case is about a group of people who destroyed someone else’s property and caused hundreds of thousands of dollars in damage. That is against the law,” Santa Clara County District Attorney Jeff Rosen said in a statement, adding he sought a new trial.

Anthony Brass, a lawyer for one of the protesters, told the New York Times his side was not defending lawlessness but “the concept of transparency and ethical investment.”

“This is a win for these young people of conscience and a win for free speech,” Brass said, adding “humanitarian activism has no place in a criminal courtroom.”

Protesters had renamed the building “Dr. Adnan’s Office” after Adnan Al-Bursh, a Palestinian doctor who died in an Israeli prison after months of detention.

Over 3,000 were arrested during the 2024 US pro-Palestinian protest movement, according to media tallies. Some students faced suspension, expulsion and degree revocation.

Continue Reading

Uncategorized

Exclusive: FM Gideon Sa’ar to Represent Israel at 1st Board of Peace Meeting in Washington on Thursday

Israeli Foreign Minister Gideon Sa’ar speaks next to High Representative for Foreign Affairs and Security Policy and Vice-President of the European Commission Kaja Kallas, and EU commissioner for the Mediterranean Dubravka Suica as they hold a press conference on the day of an EU-Israel Association Council with European Union foreign ministers in Brussels, Belgium, Feb. 24, 2025. Photo: REUTERS/Yves Herman

i24 NewsIsrael’s Foreign Minister Gideon Sa’ar will represent the country at the inaugural meeting of the Gaza Board of Peace in Washington on Thursday, i24NEWS learned on Saturday.

The arrangement was agreed upon following a request from Israel’s Prime Minister Benjamin Netanyahu, who will not be able to attend.

Netanyahu pushed his Washington visit forward by a week, meeting with US President Donald Trump this week to discuss the Iran situation.

A U.N. Security Council resolution, adopted in mid-November, authorized the Board of Peace and countries working with it to establish an international stabilization force in Gaza and build on the ceasefire agreed in October under a Trump plan.

Under Trump’s Gaza plan, the board was meant to supervise Gaza’s temporary governance. Trump thereafter said the board, with him as chair, would be expanded to tackle global conflicts.

Continue Reading

Copyright © 2017 - 2023 Jewish Post & News