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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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Palestinian Islamic Jihad Said to Be Expanding Military Presence in Syria With Government’s Knowledge
Terrorists stand during the funeral of two Palestinian Islamic Jihad gunmen who were killed in an Israeli raid, in Jenin refugee camp, in the West Bank on May 10, 2023. Photo: REUTERS/Raneen Sawafta
The Palestinian Islamic Jihad (PIJ) terrorist group is reportedly expanding its military presence in Syria, a move that could put the Syrian government in violation of US conditions for restoring full diplomatic ties and lifting additional economic sanctions.
According to Israeli public broadcaster Kan News, PIJ has expanded its military wing — the al-Quds Brigades — within Syria in recent weeks, notably increasing activity in Palestinian refugee camps near Damascus, apparently with the full knowledge of the Syrian government.
Syrian President Ahmed al-Sharaa is said to have appointed an envoy to oversee PIJ’s activities in the country, responsible for facilitating communications between the Palestinian terrorist group and the government, Kan reported.
However, a government security source denied such accusations, saying there is “no intention to allow military operations against Israel,” which borders Syria.
PIJ also denied reports of intensified activity in Syria, saying they are entirely fabricated and intended to provoke hostility against the Palestinian people and their refugee camps
Following the United States’ recent statements that it does not support Israeli airstrikes in Syria, the embattled Middle Eastern country could now provide a particularly convenient base for PIJ, allowing the group to expand its operations with less risk of Israeli retaliation.
Under the Trump administration, Washington has lifted sanctions on the Syrian government to support the country’s reconstruction efforts and pushed for Damascus to normalize relations with Israel. Earlier this month, US President Donald Trump hosted Sharaa for the first-ever visit by a Syrian president to Washington, DC, vowing to help Syria as the war-ravaged country struggles to come out of decades of international isolation.
To pave the way for the full restoration of US diplomatic relations, deeper economic ties, and the lifting of additional economic sanctions, Washington has set five conditions for the Syrian government, including deporting Palestinian militants, joining the Abraham Accords with Israel, and expelling foreign terrorists.
The government must also help prevent an Islamic State (ISIS) resurgence and take responsibility for detention facilities holding ISIS fighters, supporters, and their families in the northeast.
If the Syrian government is aware of the reported PIJ activity, it risks jeopardizing its relationship with Washington by effectively endorsing the operations of a designated foreign terrorist organization — in open defiance of a key condition for improving bilateral ties.
As Damascus seeks to restore international credibility and strengthen its standing on the global stage, Israeli officials have remained highly cautious of Syria’s new leadership.
Israeli Foreign Minister Gideon Saar has previously described the current Syrian regime as “a jihadist Islamist terror group from Idlib that took Damascus by force.”
He has even warned senior European officials that Hamas and PIJ were operating in Syria to create an additional front against Israel
“We will not compromise the security on our border. Hamas and Palestinian Islamic Jihad are acting in Syria to create another front against Israel there,” the top Israeli diplomat said earlier this year.
According to Hebrew media reports, Defense Minister Israel Katz warned lawmakers in Israel’s parliament, the Knesset, this week that armed groups operating inside Syria, including the Yemen-based Houthis, are considering launching attacks on the Golan Heights, a strategic region on Israel’s northern border previously controlled by Syria.
Hamas, PIJ, and the Houthis are all backed by Iran, which provides the internationally designated terrorist groups with arms and funding.
Israel has consistently vowed to prevent the Syrian government from deploying forces in the country’s southern region, along its northeastern border.
Sharaa, a former al Qaeda commander who until recently was sanctioned by the US as a foreign terrorist with a $10 million bounty on his head, became Syria’s transitional president earlier this year after leading a rebel campaign that ousted long-time Syrian leader Bashar al-Assad, whose brutal and authoritarian Iran-backed rule had strained ties with the Arab world during the nearly 14-year Syrian war.
The collapse of Assad’s regime was the result of an offensive spearheaded by Sharaa’s Islamist Hayat Tahrir al-Sham (HTS) group, a former al Qaeda affiliate.
Following Assad’s fall in December, Israel moved troops into a buffer zone along the Syrian border to secure a military position to prevent terrorists from launching attacks against the Jewish state.
The previously demilitarized zone in the Golan Heights was established under the 1974 Disengagement of Forces Agreement between Damascus and Jerusalem that ended the Yom Kippur War. However, Israel considered the agreement void after the collapse of Assad’s regime.
Now, Israel and Syria are reportedly in the final stages of months-long negotiations over a security agreement that could establish a joint Israeli, Syrian, and US presence at key strategic locations.
Jerusalem and Damascus have agreed to form a joint Israeli-Syrian–American security committee to oversee developments along their shared border and uphold the terms of a proposed deal.
Al-Sharaa told The Washington Post earlier this month that his government has expelled Iranian and Hezbollah forces from Syria and is ready for a new phase of ties with the United States. However, Syria’s reported knowledge of PIJ activity may be a hurdle as talks between Washington, Damascus, and Jerusalem proceed.
Earlier this year, tensions escalated after heavy fighting broke out in Sweida between local Druze fighters and Syrian regime forces amid reports of atrocities against civilians.
At the time, Israel launched an airstrike campaign to protect the Druze, which officials described as a warning to the country’s new leadership over threats to the minority group. The Druze, an Arab minority who practice a religion originally derived from Islam, live in Israel, Syria, and Lebanon. In Israel, many serve in the military and police, including during the war in Gaza.
Jerusalem has pledged to defend the Druze community in Syria with military force if they come under threat — motivated in part by appeals from Israel’s own Druze minority.
But the Syrian government has accused Israel of fueling instability and interfering in its internal affairs, while the new leadership insists it is focused on unifying the country after 14 years of conflict, which began with Assad violently cracking down on anti-government protests in 2011.
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The Dangerous Legacy of the 1840 ‘Damascus Affair’ Blood Libel (PART ONE)
Smoke rises from a building after strikes at Syria’s defense ministry in Damascus, Syria, July 16, 2025. Photo: REUTERS/Khalil Ashawi
According to a recent article in Aish:
On November 11, 2025, Dr. Samar Maqusi, a researcher at the University College London (UCL) proudly stated that in 1838 a group of Jews kidnapped and murdered a priest in Damascus and used his blood in order to make special pancakes for their Feast of the Tabernacles (Sukkot). She added that for Jewish people the blood used in their pancakes must be from a gentile. She asserted that a group of Jews admitted to murdering this priest in order to use his blood in their food.
Her lecture was hosted by UCL’s chapter of Students for Justice in Palestine (SJP) titled “The Birth of Zionism.”
The Damascus Affair of 1840 (not 1838) was an infamous blood libel that became international news and led to one of the first instances in which Jewish communities around the world worked together to demand justice for another Jewish community.
The Damascus blood libel is recognized as one of the turning points of modern Jewish history, when Jews around the world realized the importance of uniting to advocate for each other.
The Blood Libel
On February 5, 1840, Father Thomas, an Italian Friar of the Capuchin Order who lived in Damascus, disappeared with his Muslim servant Ibrahim Amara.
They were assumed murdered, possibly by businessmen with whom Thomas had had shady dealings, or by a Muslim who was infuriated by an insult to Islam that Father Thomas had uttered.
But the Jews were to bear the blame, as the Capuchin friars began spreading rumors that the Jews had murdered the two men to use their blood for Passover. This led to one of history’s most famous blood libels, the Damascus Blood Libel, better known as the Damascus Affair of 1840.
Damascus was then under the rule of the Ottoman Empire. Since the Ottoman Empire was weak, the Ottoman governor of Egypt, Muhammad Ali Pasha, primarily ruled over both Egypt and Syria as quasi-independent principalities, with just nominal subordination to the Ottoman Empire. France also retained some measure of control in Syria, as the French had maintained a presence in the region since the time of the Crusades. The Catholics of Syria, including Father Thomas, were officially under French protection.
Due to the French jurisdiction over this case, the French consul, Ulysse de Ratti-Menton, known for his anti-Jewish views, presided over the investigation.
Along with the governor-general, Sharif Pasha, he conducted a short investigation, and a barber named Shlomo Negrin, among others, was arbitrarily arrested and tortured.
They managed to extort a “confession” from Negrin that the monk had been killed in the house of David Harari by seven Jews. The men whom he named were arrested and tortured. Two of the detained men died, one converted to Islam to be spared, and the statements made under torture by the others were considered adequate as an admission of guilt.
Bones that were discovered in a sewer were “identified” as those of the monk and buried in a funeral on March 2nd, which increased the anger against the Jews. The inscription on the monk’s tombstone stated that this was the grave of a saint tortured by the Jews.
After the “funeral,” attacks began against the Jews, and Sharif Pasha had to move hundreds of soldiers to protect the Jewish quarter.
The focus of the “investigation” was now on the servant, Ibrahim Amara. More torture extracted the “confession” that he had been murdered by Jews, among them members of the prominent Farhi and Picciotto families, and the authorities sought to arrest them.
Knowing the torture that they would be subjected to, some of the accused tried to hide or escape. Rabbi Yaakov Antebi, accused of having received a bottle of the blood of Thomas, was arrested and tortured, yet he held strong under the torture and would not confess to anything.
More bones were found, and the investigators claimed they were the remains of Ibrahim Amara. However, the physician in Damascus, Dr. Lograso, did not believe they were human bones and, considering the pressure on him, requested that the bones be sent to Europe for examination. Ratti-Menton refused and instead announced that based on the confessions of the accused and the remains found of the victims, the guilt of the Jews in the double murder was proven beyond a doubt.
One of the Jews who was arrested during the second round of accusations was Isaac Levi Picciotto, an Austrian citizen and thus under the protection of the Austrian consul. Initially, he was also subject to torture, but on March 8th, there was a sudden turnabout.
The Austrian vice-consul, Caspar Giovanni Merlato, a personal friend of Picciotto, demanded that Picciotto be returned to Austrian jurisdiction and that the investigation be carried out at the Austrian consulate.
With Merlato’s involvement, things changed dramatically. Picciotto proved he was in a different place the evening of the murder, and a Christian corroborated this. Picciotto now moved from the defensive to the offensive and began accusing officials of instigating this blood libel, carrying out investigations under torture, and openly accusing Ratti-Menton of murder.
He demanded that the Austrian authorities carry out the investigation. As torture methods were seen as unjust, cruel, and backward by Western countries, his accusations put Ratti-Menton and his aides on the defensive.
The Blood Libel Spreads
The predictable result of the accusations was that the Jews of Damascus and other parts of Syria began to suffer from antisemitic mobs. Synagogues were destroyed and looted, cemeteries were desecrated, and Jews were attacked all over the country.
News of the atrocities spread throughout the Jewish world, causing waves of shock and anger at what was going on in Syria.
The first Jewish attempt to intervene in the tragic situation came via a petition initiated by Israel Bak addressed to Muhammad Ali, as he was the governor of Syria. At the same time, the Austrian Consul General in Egypt, Anton Laurin, received a report from the Austrian consul in Damascus. Recognizing the tremendous injustice, Laurin became very involved in the case, and he began by using his influence to petition Muhammad Ali to stop the torture methods used by the investigators.
Muhammad Ali agreed, and instructions were issued accordingly to Damascus by express courier. As a result, the use of torture came to an end on April 25, 1840, which caused a new round of riots in Damascus.
The accusation of murder and blood libel remained, and the investigation against the Jews continued, albeit without torture. Now, Austrian Consul General Laurin attempted to influence the French Consul General in Egypt to order his subordinate, Ratti-Menton, to stop the libel, but this effort was unsuccessful.
At this point, Laurin went against all procedures and decided to send the information he received from Damascus to Baron James de Rothschild, the honorary Austrian consul in Paris.
Baron Rothschild appealed to the French government to stop the injustice, but when his appeals were ignored, he chose to turn to the media and publish the report in newspapers worldwide, creating public pressure to halt this travesty of justice.
His brother in Vienna, Solomon Rothschild, worked alongside him and used his influence to speak to Chancellor Klemens von Metternich about the situation. Metternich ultimately supported his consul, Laurin, since the negative publicity for France, archenemy of the Austro-Hungarian empire, was to his benefit. The British also chose to support the Jews in fighting the libel, and the British Consul General of England in Egypt expressed those policies.
As a result of the advocacy, a message was sent to Damascus on May 3, 1840, ordering protection for the Jews from the violence of Muslim and Christian mobs.
Rabbi Menachem Levine is the CEO of JDBY-YTT, the largest Jewish school in the Midwest. He served as Rabbi of Congregation Am Echad in San Jose, CA from 2007 – 2020. He is a popular speaker and has written for numerous publications. Rabbi Levine’s personal website is https://thinktorah.org. A version of this article was first published at: https://aish.com/the-damascus-affair/
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A Personal Perspective From Israel: The Signs Are Small, But We Are Still at War
An Israeli police officer investigates a crater at the site of a missile attack, launched from Yemen, near Ben Gurion Airport, in Tel Aviv, Israel May 4, 2025. Photo: REUTERS/Avshalom Sassoni
Israel is an unusual place, where we balance war and daily life on a constant basis. So today, I’m taking a moment away from deep analysis, and instead sharing something a bit more personal — my weird/normal life as an Israeli.
In addition to my work at RealityCheck, I also teach as an Adjunct Professor at Reichman University (formerly the “IDC”) in Herzliya, Israel. I absolutely love my students — who are enthusiastic, intelligent, and in many cases, actively risking their lives to protect mine.
Last week, a student came to class in uniform — not מדי א׳ , which is the dress uniform that soldiers typically wear when traveling home for the weekend, but מדי ב׳, which is the full combat uniform. I asked if he was in מילואים (reserves) and he said yes, that he’s serving in Syria right now.
Only later I realized that when he said “right now,” he meant RIGHT now: his commander had given him a special pass to come to class for a few hours, after which he was leaving my classroom and returning straight to Syria. I don’t know what’s more impressive — that my students are out there protecting our safety, or that when they have a moment away from combat, their first priority is to come to class.
This is Israel. These are Israelis.
Though it’s not strictly speaking a part of my course, students ask about the legal status of Israel at The Hague so often that I prepared several slides on the topic. Once, a student asked whether she should expect that her boyfriend (a combat soldier) would get arrested on their upcoming trip to Europe. Fortunately, I had the knowledge to explain that topic, and to recommend certain precautionary measures, which gave her a degree of comfort. Sadly, those same precautionary measures may soon be relevant in New York City.
I sometimes enjoy sitting on my balcony, eating dinner, and watching passenger planes fly across the Mediterranean into Israel on their standard flight path toward Ben Gurion International Airport. Yet the other evening, I noticed something unusual: several aircraft turned away from the Tel Aviv shore at the last moment, and took strange detours. Minutes later I saw (and mostly heard) several fighter jets heading northward, intersecting the commercial flightpath.
Perhaps air traffic control needed to clear the skies for the fighter jets? I may never know for certain, but the next morning, I read about an unusually large IDF operation in Lebanon, across Israel’s northern border.
Other days, I see helicopters heading south, most likely to Gaza. But on one special day, October 13, 2025, I saw the very helicopters that were bringing the hostages back home. All this, right from my window.
These small but striking experiences serve as a constant reminder that we are not really at peace.
For the moment we aren’t dodging rockets, running to bomb shelters, or watching the ominous orange glow of Iranian missiles as they heat up upon re-entry to the Earth’s atmosphere — on their way to strike our cities and communities. Yet Israel is very much still at war on multiple fronts: we see and feel it every day, in the most unusual and ordinary ways.
Daniel Pomerantz is the CEO of RealityCheck, an organization dedicated to deepening public conversation through robust research studies and public speaking.