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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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Tidbits: New German textbooks about the Jewish religion
Tidbits is a Forverts feature of easy news briefs in Yiddish that you can listen to or read, or both! If you read the article and don’t know a word, just click on it and the translation appears. Listen to the report here:
צום ערשטן מאָל זינט דעם חורבן האָבן די דײַטשישע עפֿנטלעכע שולן באַקומען לערנביכער געווידמעט דער ייִדישער רעליגיע, כּדי די לערערס זאָלן קענען זיי ניצן ווי אַ טייל פֿונעם קוריקולום.
די סעריע פֿון אַכט בענד, „דעת הדורות“ (דאָס וויסן פֿון די דורות), וועט לערנען תּלמידים צווישן 10 און 16 יאָר אַלט אויף דײַטש וועגן דער תּורה, דעם תּנך, די תּפֿילות, ייִדישער עטיק, הלכה, יום־טובֿים, דעם ייִדישן לעבנס־ציקל און דער ייִדישער געשיכטע.
דער ערשטער באַנד, וואָס קאָנצענטרירט זיך אויף דער תּורה, וועט מען אָנהייבן ניצן אינעם נײַעם שוליאָר.
די ביכער, וואָס זענען צונויפֿגעשטעלט געוואָרן דורכן „צענטראַל-ראַט פֿון די ייִדן אין דײַטשלאַנד“ בשותּפֿות מיטן „ערנסט קלעט פֿאַרלאַג“, ווערן געצילעוועט סײַ אויף פּריוואַטע ייִדישע שולן סײַ אויף מלוכישע שולן איבער גאַנץ דײַטשלאַנד.
דער ציל איז צו באַקענען די תּלמידים מיט דער ייִדישער רעליגיע און טראַדיציעס אין אַ צײַט וואָס עס וואַקסט דער אַנטיסעמיטיזם איבערן לאַנד.
ביז איצט האָבן די לערער פֿון רעליגיעזע ייִדישע לימודים נישט געהאַט קיין מאָדערנע לערנביכער וועגן יהדות אין הסכּם מיטן קוריקולום, אַזוי ווי ס׳האָבן געהאַט די לערער פֿון קריסטלעכע רעליגיעזע לימודים. צוליב דעם בלויז האָבן די לערער פֿון דער ייִדישער רעליגיע געמוזט אַליין צונויפֿשטעלן אַרבעט־בויגנס און אַנדערע מאַטעריאַלן, וואָס זיי האָבן איבערגעזעצט פֿון אַנדערע שפּראַכן.
אין אַ מעלדונג האָט שילה ערלבוים, די אָנפֿירערין פֿונעם אָפּטייל פֿון פּאָליטיק און רעליגיע בײַם ייִדישן צענטראַל־ראַט, געזאָגט: „מיר האָבן טאַקע געדאַרפֿט אַ סיסטעמאַטישן לערן־רעסורס, וואָס באַזאָרגט די קינדער נישט בלויז מיט לערן־מאַטעריאַל, אָבער מוטיקט זיי זיך אַקטיוו צו באַטייליקן,“ האָט זי געזאָגט.
„דורך ׳דעת הדורות׳ קענען זיי לייזן בילדער־רעטענישן; זיך דערוויסן וועגן די געשעענישן פֿון משה רבינוס לעבן דורך אַ ווערפֿל־שפּיל, אָדער אויספּרוּוון זייער וויסן פֿון ייִדישע טערמינען דורך דער מאָבילקע אָדער אַ „גיכענטפֿער קאָד“ (QR code),“ האָט ערלבוים געזאָגט.
יאָזעף שוסטער, דער פּרעזידענט פֿונעם ייִדישן צענטראַל־ראַט, האַלט אַז די לערנביכער זענען אַ וויכטיקער אויפֿטו. „אַ דאַנק דעם פּראָיעקט וועט די ייִדישע רעליגיעזע בילדונג איצט זײַן גלײַך מיט די קריסטלעכע רעליגיעזע לימודים,“ האָט ער געזאָגט.
צו לייענען וועגן דעם אויף ענגליש גיט אַ קוועטש דאָ.
To read about this in English click here.
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Far-right win in German regional race sends shockwaves through Europe
(JTA) —
A victory for Germany’s far-right party in an eastern federal state has reverberated across the globe, exposing the widening rifts between alarmed centrist leaders and insurgent nationalist movements in Europe.
The Alternative for Germany (AfD) party won 43.8% of the vote in an election in Saxony-Anhalt on Sunday, crushing the center-right Christian Democratic Union (CDU), German Chancellor Friedrich Merz’s party, which held 17.2% support, according to preliminary figures.
The AfD is now heading toward 39 seats in Saxony-Anhalt’s 83-seat state parliament. It’s expected to fall 3 seats short of an outright majority, leaving open the question of whether it can form Germany’s first far-right state government since World War II. The party has proposed a sweeping nationalist agenda that includes deporting immigrants, defunding “anti-German art” and teaching children less about the country’s Nazi past.
Merz told reporters in Berlin on Monday he was “deeply shocked” and “unsettled” by the results, which he said rippled through the rest of the country and the world. He added that it was impossible for Germany to “go back to business as usual” after so many voters in Saxony-Anhalt chose a party that “questions the democratic institutions in our country.”
The results dealt the CDU its “most severe defeat” in decades, conceded Merz, who leads the party once headed by former German Chancellor Angela Merkel.
Merz said that he was searching for answers to “why far-right populism and far-right extremism was able to rise in such a rapid manner,” suggesting that his party may have underestimated the “fears of our population” amid economic crises and rapid technological change. He said that minorities in Saxony-Anhalt would be particularly vulnerable under an AfD government, but noted that the state would still have obligations to follow federal law, including regarding immigration policy.
Merz also directed his message to the rest of Europe, saying that Germany had a “special responsibility because of its history” to keep its political order “deeply anchored in Europe.”
Despite the scale of the CDU’s defeat in Saxony-Anhalt, Merz ruled out stepping down, saying, “Giving up is not an option.”
Though Saxony-Anhalt is one of Germany’s smallest regions, home to some 1.7 million voters, its election results quickly sent shockwaves through other European countries whose leaders, like Merz, are fighting to fend off far-right, anti-immigrant parties in national elections next year.
French Europe Minister Benjamin Haddad called the AfD’s regional win a “grave moment in Europe” and said that “nationalism and xenophobia will never be a solution.”
“We cannot forget our history,” said Haddad, an ally of centrist President Emmanuel Macron. “That is the meaning of the choices made by France and Germany.”
France’s government faces its own fears of a right-wing populist wave. Marine Le Pen, the head of the far-right National Rally, has dwarfed all other candidates in polls heading into France’s presidential election in 2027, when term limits force Macron to step down.
Across the Channel, British Chief Secretary to the Treasury Emma Reynolds said in an interview on Times Radio that the U.K.’s Labour government “will not be reaching out to a right-wing populist party.” She added that she put the AfD in “the same political bracket” as Reform UK, the far-right party that surged in local elections earlier this year.
Polish Prime Minister Donald Tusk also condemned the AfD’s victory. The far-right party has alarmed Poland, Ukraine’s neighbor, with its pro-Russia stance, as it seeks to halt Germany’s military aid to Ukraine and sanctions against Russia.
“In Poland, only idiots or traitors can rejoice at the triumph of the AfD in Germany,” said Tusk.
Meanwhile, the AfD was cheered by nationalist, anti-immigration party leaders in Spain, Portugal and the Netherlands, all of whom have sought to capitalize on economic and social grievances similar to those that contributed to the AfD’s victory Sunday.
Santiago Abascal, the head of Spain’s far-right Vox party, called the result “a great hope for Germany and for Europe.”
André Ventura, the founder of Portugal’s far-right Chega party, said that “the Germans too are opening their eyes against illegal and uncontrolled immigration, corruption, and the capture of our freedom and identity.”
And in the Netherlands, the AfD received a “Congratulations” from the far-right Party for Freedom’s leader, Geert Wilders.
While President Donald Trump has yet to officially respond to the Saxony-Anhalt election, he posted a screenshot of the results without comment on his Truth Social account Sunday night.
Trump’s post was shared by Kirill Dmitriev, a Russian presidential envoy and businessman, who said the AfD scored a “historic win” that would “put migration under control.”
Elon Musk, the billionaire and former Trump adviser who campaigned for the AfD last year, gave his support to the national party leader Alice Weidel on X, which he owns, writing “Well done” in German.
Ulrich Siegmund, the AfD’s candidate in Saxony-Anhalt who hopes to become the state premier, responded by praising Musk.
“Thank you, @elonmusk, for your support and for your clear and highly important perspective on the political developments of our time — including here in Germany,” he wrote.
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In new ‘Fauda’ season, the aftershocks of Oct. 7, without a thought for Gaza
When Fauda Season 4 ended an eternity and a devastating war ago, our hero was at death’s door, reciting both the central prayer of Judaism, the Shema, and the Muslim Fatiha.
It was a cliffhanger with monumental implications for Doron Kavillio (Lior Raz), an Israeli Jew who spent his days undercover as a Muslim Arab — an identity crisis long in coming. Zoom out and you can see the doomed duality of Israel and Palestine, Jew and Muslim, connected in a cycle of death and more alike than they may seem.
Season 5 begins bilingually, with Hebrew and Arab definitions of the Arabic word Tha’r, blood revenge, “restoring violated honor or avenging injustice.” This concept is now the point of commonality — not how men pray, but how they seek revenge.
Welcome to a post-Oct. 7 Israel. Doron is in therapy, struggling to recall eight missing hours of his life on the day of Hamas’ attack on the Gaza envelope.
Comrades have left the country — Steve (Doron Ben-David) is protecting oligarchs in London, Sagi and Nurit are in Australia. Eli (Yaakov Zada-Daniel) is now Orthodox, living in a settlement and reeling from the murder of his wife and stepchildren at his now-torched kibbutz. When a Bedouin friend, Salem (Bian Anteer) who lost his son in the raid on Eli’s home, approaches him with a tip on the Nukhba fighter responsible, they depart for Marseille to answer the call of Tha’r.
It would hardly be Fauda if this act of vengeance didn’t give way to a much larger plot. Marseille is the staging ground for Saeed el Hatib (French-Algerian actor Hakim Djaziri), “the Sinwar of Europe,” who is recruiting sympathetic, white continentals for a fresh massacre in Israel.
Fauda has always made some viewers uncomfortable. Massively entertaining, bingeable to those of us who stream it in the Netflix aftermarket, its existence was premised on ongoing injustices in the West Bank and Gaza and the violence that bursts through their borders. (The BDS movement labelled it a “war-crimes glorifying” series;” Haaretz called it “morally dubious.”)
And yet as late as the last season it contained very real criticism of Israel’s conduct, including its costly campaigns to recover captured soldiers and the torture used to extract information on their whereabouts. The show always alluded to real operations — Cast Lead, Brother’s Keeper — in dialogue. But because it can’t merely mention an attack as raw and monumental as Oct. 7, and because it has no desire to question the response to it, it chooses to recreate its savagery.
Episodes 7 and 8, flashbacks to that day, are front-loaded with a trigger warning and a disclaimer that you can skip them and still be able to follow the main plot.
It’s hard for me to recommend those episodes. If not exactly atrocity porn, their central, race-against-time set piece is too anchored in recent events and constructed too much like an action movie. It feels in a sense exploitative, even if intended as a tribute. (To give them credit, both Lior Raz and his co-creator Avi Issacharoff, who said they “wrote from their trauma,” were on the ground helping the south of the country evacuate in the aftermath.)
The new season starts with the promise of complexity. It opens on a grieving Muslim father and shifts to a milksop accountant who worked for Hamas, seemingly tortured by Eli in a blind rage for a crime he didn’t commit. Could an excessive devotion to Tha’r, a tribal code of retribution, be the diagnosis of the show’s creators of Israeli society at this moment?
If it is, it’s not a critical one. The villains are the villains, and, most revealingly, they now number people with no connection to the conflict.
Hatib’s enlistment of white Europeans for a mass-casualty terror attack services a trite narrative of postcolonial guilt finding an outlet in the pro-Palestinian cause. It works on another level too: This fighting force is squaring off against Doron’s corps of Mizrahi Jews, whose mere presence dismantles the lie that Israelis are themselves all white colonizers, and that Israel and the European empire of yore are in any way analogous.
When, back at mission control, the counterterrorists speak of “suspicious-looking Europeans” who are “in their 30s,” the derision for this type of fellow traveller is palpable. Their standard bearer, Mélanie Laurent, formerly Tarantino’s “face of Jewish vengeance,” plays Anne, a blonde, “high middle-class Catholic French woman” who straps up with C-4, a keffiyeh ever-draped around her neck. Through her, and in a quite literal way, the show suggests the Western love affair with Palestinians — which in this season’s logic means Hamas — is misguided.
All the while, we never see Gaza, where much of Season 3 was set, with some among its population humanized. We never reckon with the destruction there. We hear about it, and a kind of lip service is paid to the crime of collective punishment — the sort that we hear at the end of almost every season — but it’s secondary to storytelling as elegy and justification. One could just have easily placed the Hebrew word Zachor before that first cold open: Remember what they did to us.
At one point, after a shootout with more blood spatter than I ever recall seeing on the show, Doron empties his clip into an enemy with the words “this is for October 7.” Seconds later, in a Shin Bet command room his handler Gabi (Itzik Cohen, whose between-seasons weight gain is a running joke) quips, a la Danny Glover in Lethal Weapon, “I’m too old for this.”
He’s not the only one.
In the past week I’ve chatted with some folks older than me — they don’t know each other and are largely to my right on Israel — who don’t relish the thought of another season. Not just because they don’t want to watch Oct. 7 reenacted, but because following the exploits of Israeli security agents has vastly different optics after the Hamas-Israel war, unprecedented settler violence and National Security Minister Itamar Ben-Gvir’s recently-stated ideal scenario of killing “30 or 40” Palestinians in Gaza each night.
This may well be the privilege of the diaspora, but the fatigue points to a shift in attitude that’s worth paying attention to. If these horrors are out of sight, out of mind this season, they’re top of mind to many who are watching — and many others who might have once tuned in.
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