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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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Lawmakers seek 100-foot buffer zone around houses of worship to protect prayer goers from protests
(JTA) — A bipartisan group of lawmakers introduced a federal legislation Thursday in the House and Senate aimed at protecting houses of worship from disruptive demonstrations, following a series of protests outside of synagogues this year.
The Right to Worship Act was introduced by Sens. Ted Cruz, a Texas Republican, and Elissa Slotkin, a Michigan Democrat, alongside Reps. Brad Knott, a North Carolina Republican, and Tom Suozzi, a New York Democrat. It would establish a 100-foot “buffer zone” around houses of worship during religious services — mirroring similar legislation recently enacted in New York.
“The First Amendment guarantees every American the right to freely exercise their faith, and Congress has a duty to ensure that guarantee is met,” Cruz said in a statement Thursday.
The legislation would also establish civil penalties for offenders and provide pathways for individuals, including state attorneys, to seek court orders and damages in federal court. While the legislation would target protesters who knowingly disrupt scheduled religious services, houses of worship would not be required to make their schedules public.
The bill’s sponsors say the measure is aimed at conduct rather than the content of protesters’ speech.
“No one should have to push through a hostile crowd or shout over a bullhorn in an attempt to pray,” said Jonathan Greenblatt, the CEO and national director of the Anti-Defamation League, which helped lawmakers draft the legislation.
It’s the latest attempt at passing federal legislation aimed at insulating houses of worship from protest, following Suozzi’s “SACRED Act” legislation, a similar bill he introduced in April but which has not progressed in the House.
Those efforts have now been joined by Slotkin, who is Jewish, and Cruz, who has often taken aim at antisemitism within the Republican coalition over the past year.
“Exercising your right to worship should not require you to exhibit particular courage as you enter your synagogue, church, mosque, temple, mandir, or gurdwara,” Suozzi said in a statement.
The New York City Council passed a local buffer zone bill in March following a series of pro-Palestinian protests outside of synagogues that hosted Israeli real estate expos. While Jewish groups and leaders heavily advocated for the measure, it also faced opposition from civil rights leaders who said it would have a chilling effect on First Amendment protections.
This article originally appeared on JTA.org.
The post Lawmakers seek 100-foot buffer zone around houses of worship to protect prayer goers from protests appeared first on The Forward.
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Over 95% of Canadian Jewish university students report exposure to antisemitism
(JTA) — Nearly all Jewish students surveyed on Canadian university campuses said they have experienced or witnessed antisemitism, according to a new government-commissioned report.
The survey from the Department of Canadian Heritage found that 95.7% of Jewish students said they were exposed to antisemitism, with 70% saying their university did not take antisemitism seriously and 22% reporting physical violence against Jews.
“Antisemitism on Canadian campuses is neither isolated nor episodic,” said Jack Jedwab, the report’s main author, at a press conference in Ottawa on Wednesday. “It can reasonably be described as systemic.”
The surveyed students anonymously detailed rhetoric, discriminatory treatment, vandalism, intimidation and physical attacks from their classmates as well as professors and administrators. Some 45% said they experienced Holocaust denial or distortion often or sometimes, and 65% said they encountered it “at least rarely.”
One respondent said they had witnessed a friend who wears a kippah being chased out of a school building by a group of students who shouted, “There is a Jew … let’s get him.”
Another student described a professor writing that “we need to kill all Zionists, that she had worked with them and saw how evil they were.” Students also said they were pressured by peers and professors to give their opinions on Israel because they were openly Jewish.
Some 36% of respondents complained about course content or classroom discussions that “they experienced as antisemitic or biased,” while 34% said “a professor introduced Jews, Judaism, Israel, or Zionism when unrelated to the course subject.”
The survey, out Wednesday as part of a report titled Campus Antisemitism and Student Experiences, included about 900 Jewish students from schools across Canada. It was originally conducted for the government’s special envoy on antisemitism, a role that Prime Minister Mark Carney’s administration dissolved alongside an Islamophobia envoy earlier this year.
Carney replaced those offices with a new Ministerial Advisory Council on Rights, Equality, and Inclusion, which he announced in June after saying that the country was “failing Jewish Canadians.” The new council was introduced as a push to unify the government’s approach toward combating systemic prejudice, but some Jewish groups decried the elimination of distinct envoys.
Pressure has mounted on Carney’s administration to stem the tide of antisemitic attacks in Canada since 2023, including gunfire at Jewish schools and synagogues and attacks on Jewish businesses and community centers.
On the same day the report was released, an Oklahoma-based organization called Jewish Tulsa made news for urging President Donald Trump’s administration to offer refugee status to Jewish Canadians.
“With the urgency around the challenges and the inaction we see in Canada, an asylum pathway makes sense,” Joe Roberts, who leads the conservative think tank, told The Canadian Press. He said that his family moved from Ontario to Tulsa after witnessing antisemitic graffiti in his neighborhood.
Martha Piper, former president of the University of British Columbia, said the campus antisemitism report revealed “a shocking presence of campus antisemitism throughout this country along with a troubling institutional failure to respond.”
“The results suggest a university culture that is not welcoming to Jewish students and systemically tries to exclude and vilify them,” said Piper.
This article originally appeared on JTA.org.
The post Over 95% of Canadian Jewish university students report exposure to antisemitism appeared first on The Forward.
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British Conservatives face backlash for nominating a former neo-Nazi for local office
(JTA) — LONDON — Britain’s Conservative Party has defended its decision to endorse a former neo-Nazi activist as a candidate in next year’s local elections despite his imprisonment for crimes including racially aggravated harassment of Jewish former Labour MP Luciana Berger.
Conservative Party leader Kemi Badenoch said the candidate, Joshua Bonehill-Paine, had demonstrated rehabilitation through his work in countering extremism. Berger, who was prominent in the last decade for her many battles against antisemitism on the right and in her own party, said in a statement that Badendoch “got this very, very wrong.”
“This case still haunts me,” Berger, who is now a peer in the House of Lords, posted on X on Tuesday afternoon. “I feel a bit sick reading well known commentators debate his selection today and say that ‘these are precisely the people we need in public office’.”
Bonehill-Paine, 33, was imprisoned for more than two years after being convicted of multiple crimes. Bonehill-Paine had called himself “a proud antisemite” while planning a 2015 rally that aimed to undo the “Jewification of Great Britain.”
Bonehill-Paine will run for the Crewkerne South seat on Somerset Council in southwest England in May 2027, less than a decade after his release from prison in 2018. His incarceration came after he was prosecuted for sharing what a judge described as “vile” antisemitic material ahead of a planned neo-Nazi demonstration, as well as for racially aggravated harassment after publishing a series of antisemitic blog posts targeting Berger.
Among other slurs, he referred to Berger as an “evil money-grabber,” depicted her as a rodent and said the number of Jewish Labour MPs was “a problem.”
According to the Guardian, Bonehill-Paine said the Conservative Party and his local branch were aware of his past before selecting him. He told the Guardian that since his release from prison he has spoken publicly against antisemitism and extremism and has completed government-backed radicalization and counter-extremism programs.
The Conservative Campaign Headquarters responded to a Jewish Telegraphic Agency request for comment by relaying Badendoch’s remarks to reporters in Surrey on Tuesday morning.
“I think people can look at me and know that I’m not a person who would be recruiting neo-Nazis,” said Badenoch, who was raised in Nigeria and who has become an outspoken critic of rising antisemitism in Britain. “Josh is someone who actually has been certified by the Home Office to train police officers on antisemitism and on countering extremism.”
She acknowledged Bonehill-Paine’s conviction but said he has “shown contrition for his crimes, has been rehabilitated and is spending every day working to solve the very problem which he knew he had caused previously.”
She added that he is “actively working to help communities, especially Jewish communities and this is what I want to see.”
The backlash from Jewish organizations has been swift . Board of Deputies of British Jews Vice President Karen Newman stated, “It beggars belief that any party would select as a candidate a multiply convicted felon and the founder of a far-right group called National British Resistance.”
She also noted that the board had contacted the Conservative Party “to set out our concerns and call on them to rescind his selection and review their vetting processes.”
The Board of Deputies and the Jewish Leadership Council put out a separate joint statement saying they had declined the Conservative Party’s invitation to meet with Bonehill-Paine, stating that his “crimes targeting Luciana Berger and others mean that he still faces ongoing legal restrictions.”
They added, “Whilst we do believe in the possibility of rehabilitation, this should not in this case entail selection as a candidate for a major political party, and the impact of this decision on the victims ought to be a central consideration.”
Both organizations said they had agreed to meet with members of the party “to discuss their decision-making processes and to urge them to rescind this decision.”
The Jewish Labour Movement called the decision “truly appalling,” saying that Bonehill-Paine’s record, and particularly his attacks on Berger, should have disqualified him from elected office. “This is a former Neo-Nazi who was sent to prison for racially abusing a Jewish politician,” the group said.
Berger represented Liverpool Wavertree from 2010 until 2019 and entered the House of Lords last year. During her tenure she received constant antisemitic abuse, both online and in person, and was the target of several criminal incidents involving extremist harassment.
Bonehill-Paine did not respond to JTA’s requests for comment.
This article originally appeared on JTA.org.
The post British Conservatives face backlash for nominating a former neo-Nazi for local office appeared first on The Forward.
