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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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Thousands Protest Over Israeli President Herzog’s Visit to Australia in Wake of Bondi Massacre

Demonstrators gather at Town Hall Square to protest against Israeli President Isaac Herzog’s state visit to Australia following a deadly mass shooting during a Jewish Hanukkah celebration at Bondi Beach on Dec. 14, 2025, in Sydney, Australia, Feb. 9, 2026. Photo: REUTERS/Jeremy Piper

Thousands gathered across Australia on Monday to protest over the arrival of Israeli President Isaac Herzog, who is on a multi-city trip aimed at expressing solidarity with Australia‘s Jewish community following a deadly mass shooting last year.

Herzog is visiting Australia this week following an invitation from Australian Prime Minister Anthony Albanese in the aftermath of the Dec. 14 shooting at a Hanukkah event at Sydney’s Bondi Beach that killed 15.

The visit has attracted the ire of some people in Australia, who accuse Herzog of being complicit in civilian deaths in Gaza. Anti-Israel groups have organized protests in cities and towns across the country on Monday evening.

In Sydney, thousands gathered in a square in the city’s central business district, listening to speeches and shouting pro-Palestinian slogans.

“The Bondi massacre was terrible but from our Australian leadership there’s been no acknowledgment of the Palestinian people and the Gazans,” said Jackson Elliott, a 30-year-old protestor from Sydney.

“Herzog has dodged all the questions about the occupation and says this visit is about Australia and Israeli relations but he is complicit.”

There was a heavy police presence with a helicopter circling overhead and officers patrolling on horseback.

Police used pepper spray and tear gas to push back groups of people who were trying to breach the line and march ahead. Several protesters were arrested as they clashed with police.

Authorities in Sydney declared Herzog’s visit a major event and were authorized to use rarely invoked powers during the visit, including the ability to separate and move crowds, restrict their entry to certain areas, direct people to leave, and search vehicles.

On Monday in a Sydney court, the Palestine Action Group – which organized the protest – failed to legally challenge the restrictions on the demonstration.

PRESIDENT COMMEMORATES LIVES LOST

Meanwhile, thousands of Jewish community members, government officials, and opposition party politicians welcomed Herzog at an event, more than a kilometer away from the protests, honoring the victims of the Bondi attack.

“We all remember the boycotts, the threats, the colleagues who turned their backs on their Jewish friends … that was the prelude to Bondi,” he told a large crowd at Sydney’s International Convention Centre, according to an ABC News report.

Herzog began his visit earlier on Monday at Bondi Beach, where he laid a wreath at a memorial for the victims of the attack. He also met survivors and the families of 15 people killed in the shooting.

“This was also an attack on all Australians. They attacked the values that our democracies treasure, the sanctity of human life, the freedom of religion, tolerance, dignity, and respect,” Herzog said in remarks at the site.

In a statement, the Executive Council of Australian Jewry Co-Chief Executive Alex Ryvchin said Herzog’s visit “will lift the spirits of a pained community.”

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Saudi Arabia Wealth Fund Set to Announce Strategy Revamp, Sources Say

A billboard at the site of New Murabba shows The Mukaab, in Riyadh, Saudi Arabia, Jan. 26, 2026. Photo: REUTERS/Mohammed Benmansour

Saudi Arabia‘s $925 billion Public Investment Fund (PIF) plans to announce a new five-year strategy this week, two people with direct knowledge of the matter said, in the biggest reset yet of Crown Prince Mohammed bin Salman’s economic transformation plan.

The Saudi sovereign wealth fund soft-launched its new 2026-2030 strategy with key investors and strategic partners on Monday on the sidelines of a conference in Riyadh, the two people and another familiar with the matter told Reuters.

The new blueprint will emphasize sectors including industry, minerals, artificial intelligence, and tourism, while scaling back and in some cases reconfiguring expensive mega projects such as The Line, a futuristic mirrored city, the sources said.

All three sources declined to be named because they were not authorized to speak publicly about the matter.

One said the new roadmap will place greater emphasis on attracting capital from major global asset managers, reflecting mounting fiscal pressures as oil prices remain well below levels needed to fund the kingdom’s ambitious transformation agenda.

The shift marks the most significant recalibration to date of bin Salman’s Vision 2030, which for nearly a decade has prominently featured mega futuristic developments. The kingdom is currently reviewing several of the mega projects.

Many of these, including The Line, which extends 170 km (106 miles) into the desert, and the planned Trojena winter sports hub, have faced delays and ballooning costs. The latest to be suspended was a cube-shaped skyscraper in Riyadh.

Last month, Saudi Economy Minister Faisal al-Ibrahim told Reuters: “We’re very transparent. We’re not going to shy away from saying we had to shift this project, delay it, re-scope it,” without mentioning specific projects.

Under the new strategy, NEOM will shift away from its earlier emphasis on tourism and futuristic urban design toward renewable energy and industrial development, including green hydrogen, solar and wind projects, and data centers that benefit from their proximity to the sea for cooling, the people said.

The Line was not on display in the venue at Monday’s opening day of the private sector forum, while NEOM’s video displays underscored the new direction, focusing on energy and industrial initiatives rather than the high‑profile real estate and tourism concepts once billed as being at its core.

PIF’s updated focus echoes details previously reported by Reuters, including a broader shift toward logistics, mining, and advanced manufacturing, as well as clean energy and religious tourism.

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US Issues Fresh Guidance to Vessels Transiting Strait of Hormuz as Iran Tensions Simmer

A map showing the Strait of Hormuz and Iran is seen behind a 3D printed miniature of US President Donald Trump in this illustration taken June 22, 2025. Photo: REUTERS/Dado Ruvic/Illustration

The United States issued fresh guidance on Monday to commercial vessels transiting the Strait of Hormuz, a key shipping lane for Middle East oil supplies, as tensions simmered between Washington and Tehran over Iran’s nuclear program and brutal crackdown on anti-government protesters.

Iran has in the past threatened to close down the Strait of Hormuz, a portion of which lies within its territorial waters, and has at times seized commercial ships and oil tankers moving through the area alleging smuggling.

The US Department of Transportation’s Maritime Administration advised US-flagged commercial vessels to stay as far from Iran’s territorial waters as possible and to verbally decline Iranian forces permission to board if asked, according to the guidance.

“It is recommended that US-flagged commercial vessels transiting these waters remain as far as possible from Iran’s territorial sea without compromising navigational safety,” according to the guidance posted on its web site.

It also said crews should not forcibly resist Iranian forces if they board.

“If Iranian forces board a US-flagged commercial vessel, the crew should not forcibly resist the boarding party,” it said.

Iran‘s top diplomat said on Friday that nuclear talks with the US mediated by Oman were off to a good start and set to continue, in remarks that could help allay concern that failure to reach a deal might nudge the Middle East closer to war.

While both sides have indicated readiness to revive diplomacy over Tehran’s long-running nuclear dispute with the West, Washington has said it also wants the talks to cover Iran‘s ballistic missiles, support for armed groups around the region, and human rights.

President Donald Trump ratcheted up the pressure on Iran on Friday with an executive order imposing a 25% tariff on imports from any country that “directly or indirectly” purchases goods from Iran, following through on a threat he made last month.

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