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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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Trump Cancels Envoys’ Pakistan Trip, in Blow to Hopes for Iran War Breakthrough
US President Donald Trump speaks on the day he honors reigning Major League Soccer (MLS) champion Inter Miami CF players and team officials with an event in the East Room of the White House in Washington, DC, US, March 5, 2026. Photo: REUTERS/Jonathan Ernst
President Donald Trump canceled a trip by two US envoys to Iran war mediator Pakistan on Saturday, dealing a new setback to peace prospects after Iran’s foreign minister departed Islamabad after speaking only to Pakistani officials.
While peace talks failed to materialize Saturday, Israeli Prime Minister Benjamin Netanyahu ordered his troops to “forcefully” attack Hezbollah targets in Lebanon, his office said, further testing a three-week ceasefire.
Trump told reporters in Florida that he decided to call off the planned visit by US envoys Steve Witkoff and Jared Kushner because the talks in Islamabad involved too much travel and expense, and Iran’s latest peace offer was not good enough for him.
Before boarding Air Force One on Saturday for a return flight to Washington, Trump said Iran had improved an offer to resolve the conflict after he canceled the visit, “but not enough.”
In a social media post, Trump also wrote there was “tremendous infighting and confusion” within Iran’s leadership.
“Nobody knows who is in charge, including them. Also, we have all the cards, they have none! If they want to talk, all they have to do is call!!!” he posted on Truth Social.
Iranian Foreign Minister Abbas Araqchi earlier left the Pakistani capital without any sign of a breakthrough in talks with Pakistani Prime Minister Shehbaz Sharif and other senior officials.
Araqchi later described his visit to Pakistan as “very fruitful,” adding in a social media post that he had “shared Iran’s position concerning (a) workable framework to permanently end the war on Iran. Have yet to see if the U.S. is truly serious about diplomacy”.
Iranian media reported that Araqchi had flown to Oman’s capital Muscat, saying he will meet with senior officials to “discuss and exchange views on bilateral relations and regional developments”.
Sharif wrote in a post on X that he spoke with Iranian President Masoud Pezeshkian about the regional security situation and told him that Pakistan was committed to serving “as an honest and sincere facilitator — working tirelessly to advance durable peace and lasting stability.”
Tehran has ruled out a new round of direct talks with the United States and an Iranian diplomatic source said his country would not accept Washington’s “maximalist demands.”
IRAN AND US AT AN IMPASSE
Washington and Tehran are at an impasse as Iran has largely closed the Strait of Hormuz, which normally carries one-fifth of global oil and liquefied natural gas shipments, while the US blocks Iran’s oil exports.
The conflict, in which a ceasefire is in force, began with US-Israeli airstrikes on Iran on February 28. Iran has since carried out strikes against Israel, US bases and Gulf states, and the war has pushed up energy prices to multi-year highs, stoking inflation and darkening global growth prospects.
Araqchi “explained our country’s principled positions regarding the latest developments related to the ceasefire and the complete end of the imposed war against Iran,” said a statement on the minister’s official Telegram account.
Asked about Tehran’s reservations over US positions in the talks, an Iranian diplomatic source in Islamabad told Reuters: “Principally, Iranian side will not accept maximalist demands.”
White House press secretary Karoline Leavitt had said the US had seen some progress from the Iranian side in recent days and hoped more would come over the weekend, while Vice President JD Vance was ready to travel to Pakistan as well.
Vance led a first round of unsuccessful talks with Iran in Islamabad earlier this month.
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Hezbollah Says Ceasefire ‘Meaningless’ as Fighting Continues in South
Israeli military vehicles and soldiers in a village in southern Lebanon as the Israeli army operates in it as seen from the Israeli side of the border, April 23, 2026. Photo: REUTERS/Ayal Margolin
Lebanon’s Hezbollah said a US-mediated ceasefire in the war with Israel was meaningless a day after it was extended for three weeks, as Lebanese authorities reported two people killed by an Israeli strike and Hezbollah downed an Israeli drone.
US President Donald Trump announced the three-week extension on Thursday after hosting Israeli and Lebanese ambassadors at the White House. The ceasefire agreement between the governments of Lebanon and Israel had been due to expire on Sunday.
While the ceasefire has led to a significant reduction in hostilities, Israel and Iran-backed Hezbollah have continued to trade blows in southern Lebanon, where Israel has kept soldiers in a self-declared “buffer zone.”
Responding to the extension, Hezbollah lawmaker Ali Fayyad said “it is essential to point out that the ceasefire is meaningless in light of Israel’s insistence on hostile acts, including assassinations, shelling, and gunfire” and its demolition of villages and towns in the south.
“Every Israeli attack… gives the resistance the right to a proportionate response,” he added.
Hezbollah is not a party to the ceasefire agreement, and has strongly objected to Lebanon’s face-to-face contacts with Israel.
BUFFER ZONE
The April 16 agreement does not require Israeli troops to withdraw from the belt of southern Lebanon seized during the war. The zone extends 5 to 10 km (3 to 6 miles) into Lebanon.
Israel says the buffer zone aims to protect northern Israel from attacks by Hezbollah, which fired hundreds of rockets at Israel during the war.
Hostilities between Hezbollah and Israel reignited on March 2, when the group opened fire in support of Iran in the regional war. The ceasefire in Lebanon emerged separately from Washington’s efforts to resolve its conflict with Tehran, though Iran had called for Lebanon to be included in any broader truce.
Nearly 2,500 people have been killed in Lebanon since March 2, the Lebanese health ministry says.
ISRAELI MILITARY WARNS RESIDENTS TO LEAVE TOWN
Lebanon’s health ministry said an Israeli airstrike killed two people in the southern village of Touline on Friday.
Hezbollah shot down an Israeli drone, the group and the Israeli military said. Hezbollah identified it as a Hermes 450 and said it had downed it with a surface-to-air missile.
An Israeli drone was heard circling above Beirut throughout the day on Friday, Reuters reporters said.
The Israeli military warned residents of the southern town of Deir Aames to leave their homes immediately, saying it planned to act against “Hezbollah activities” there.
Deir Aames is located north of the area occupied by Israeli forces, and it was the first time Israel had issued such a warning since the ceasefire came into force on April 16. Posted on social media, the Israeli warning gave no details of the activities it said Hezbollah was conducting in the town.
The Israeli military also said it had intercepted a drone prior to its crossing into Israeli territory, and that sirens were sounded in line with protocol.
WAR-WEARY RESIDENTS SEEK END TO FIGHTING
The continued fighting has angered war-weary Lebanese, who say they want to see a genuine ceasefire put a full halt to violence.
“What’s this? Is this called a ceasefire? Or is this mocking (people’s) intelligence?” said Naem Saleh, a 73-year-old owner of a newsstand in Beirut.
Residents of northern Israel had mostly returned to daily life, but expressed pessimism about the longevity of the ceasefire with Lebanon.
“I believe that the ceasefire is so fragile, and unfortunately it won’t stand long, in my opinion,” said Eliad Eini, a resident of Nahariya, which lies just 10 km (6 miles) from the border with Lebanon.
On Wednesday, Israeli strikes killed at least five people in the south, including a journalist.
Israel’s Ambassador to Washington Yechiel Leiter, in his opening remarks at Thursday’s talks, said “Lebanon should acknowledge the temporary presence of the IDF (Israel Defense Forces) and the right of Israel to defend itself from a hostile force that is firing on the population.”
Lebanon’s Ambassador to the United States Nada Moawad, in a written statement sent to Reuters, called for the ceasefire to be fully respected and said it would allow the necessary conditions for meaningful negotiations.
Lebanon has said it aims to secure the full withdrawal of Israeli troops from its territory in broader talks with Israel at a later stage.
Trump said on Thursday that he looked forward to hosting Israeli Prime Minister Benjamin Netanyahu and Lebanese President Joseph Aoun in the near future, and said there was “a great chance” the two countries would reach a peace agreement this year.
Hezbollah attacks killed two civilians in Israel after March 2, while 15 Israeli soldiers have died in Lebanon since then, Israel says.
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Only Five Ships Pass Through Strait of Hormuz in 24 hours
FILE PHOTO: A map showing the Strait of Hormuz is seen in this illustration taken March 23, 2026. REUTERS/Dado Ruvic/Illustration/File Photo
Only five ships, including one Iranian oil products tanker, have passed through the Strait of Hormuz in the past 24 hours, Friday shipping data showed, after Iran seized two container ships this week and the US continues to blockade Iranian ports.
Shipping traffic passing through the crucial waterway at the entrance to the Gulf during an uneasy ceasefire between Washington and Tehran represents a fraction of the average 140 daily passages before the Iran war began on February 28.
“For most shipping companies, they will need a stable ceasefire and assurances from both sides of the conflict that the Strait of Hormuz is safe to transit,” said Jakob Larsen, chief safety and security officer at shipping association BIMCO.
“In the meantime, shipping will be restricted to using routes close to Iran and Oman. Due to their confined nature, these routes cannot safely accommodate the normal volumes of shipping through the Strait of Hormuz,” Larsen added.
The Iranian-flagged oil products tanker Niki, which is subject to US sanctions, was among the few vessels that sailed out of the strait with no destination listed, Kpler analysis and tracking data on the MarineTraffic platform showed on Friday.
It was unclear what would happen if it continued to sail further east towards the blockade line imposed by the US Navy.
Nearly two months after the US and Israel launched strikes on Iran, there is little sign of peace talks resuming.
Container shipping group Hapag-Lloyd said on Friday that one of its ships has crossed the strait but did not provide any information on the circumstances or timing.
The Comoros-flagged supertanker Helga arrived at an offshore oil loading terminal in Iraq’s southern Basra port on Friday, the second vessel to reach Iraq since the strait’s closure.
Iran’s use of a swarm of small, fast boats to seize two container ships near the strait on Wednesday has heightened concerns among many shipping and oil companies.
“The latest seizures make clear, even an ‘open’ Strait of Hormuz is not a safe Strait of Hormuz for seafarers, ships and cargo,” Peter Sand, chief analyst with ocean and air freight intelligence platform Xeneta, said in a note.
Between April 22 and early April 23, seven vessels transited the strait, six of which were involved in Iran-related trade, analysis from Lloyd’s List Intelligence showed.
The closure of the strait has disrupted a fifth of the world’s oil and liquefied natural gas (LNG) supplies and triggered a global energy crisis.
Hundreds of ships and 20,000 seafarers remained stranded inside the Gulf with war risk insurers and oil companies watching for any sign that the risks may have eased so they can prepare to sail through.