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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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UN Says Israeli Wall Crosses Lebanon Border
The United Nations headquarters building is pictured though a window with the UN logo in the foreground in the Manhattan borough of New York, Aug. 15, 2014. Photo: REUTERS/Carlo Allegri
A survey conducted by the United Nations Interim Force in Lebanon last month found that a wall built by the Israeli military crosses the Blue Line, the de facto border, a U.N. spokesperson said on Friday
The Blue Line is a U.N.-mapped line separating Lebanon from Israel and the Israeli-occupied Golan Heights.
Stephane Dujarric, the spokesperson for the U.N. secretary-general, said the concrete T-wall erected by the IDF has made more than 4,000 square meters (nearly an acre) of Lebanese territory inaccessible to the local population.
A section of an additional wall, which has also crossed the Blue Line, is being erected southeast of Yaroun, he said, citing the peacekeepers.
Dujarric said UNIFIL informed the Israeli military of its findings and requested that the wall be removed.
“Israeli presence and construction in Lebanese territory are violations of Security Council resolution 1701 and of Lebanon’s sovereignty and territorial integrity,” UNIFIL said in a separate statement.
An Israeli military spokesperson denied the wall crossed the Blue Line.
“The wall is part of a broader IDF plan whose construction began in 2022. Since the start of the war, and as part of lessons learned from it, the IDF has been advancing a series of measures, including reinforcing the physical barrier along the northern border,” the spokesperson said.
UNIFIL, established in 1978, operates between the Litani River in the north and the Blue Line in the south. The mission has more than 10,000 troops from 50 countries and about 800 civilian staff, according to its website.
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Hamas Quietly Reasserts Control in Gaza as Post-War Talks Grind On
Palestinians buy vegetables at a market in Nuseirat, central Gaza Strip, November 13, 2025. Photo: REUTERS/Mahmoud Issa
From regulating the price of chicken to levying fees on cigarettes, Hamas is seeking to widen control over Gaza as US plans for its future slowly take shape, Gazans say, adding to rivals’ doubts over whether it will cede authority as promised.
After a ceasefire began last month, Hamas swiftly reestablished its hold over areas from which Israel withdrew, killing dozens of Palestinians it accused of collaborating with Israel, theft or other crimes. Foreign powers demand the group disarm and leave government but have yet to agree who will replace them.
Now, a dozen Gazans say they are increasingly feeling Hamas control in other ways. Authorities monitor everything coming into areas of Gaza held by Hamas, levying fees on some privately imported goods including fuel as well as cigarettes and fining merchants seen to be overcharging for goods, according to 10 of the Gazans, three of them merchants with direct knowledge.
Ismail Al-Thawabta, head of the media office of the Hamas government, said accounts of Hamas taxing cigarettes and fuel were inaccurate, denying the government was raising any taxes.
ANALYST SEES HAMAS ENTRENCHING
The authorities were only carrying out urgent humanitarian and administrative tasks whilst making “strenuous efforts” to control prices, Thawabta said. He reiterated Hamas’ readiness to hand over to a new technocratic administration, saying it aimed to avoid chaos in Gaza: “Our goal is for the transition to proceed smoothly.”
Hatem Abu Dalal, owner of a Gaza mall, said prices were high because not enough goods were coming into Gaza. Government representatives were trying to bring order to the economy – touring around, checking goods and setting prices, he said.
Mohammed Khalifa, shopping in central Gaza’s Nuseirat area, said prices were constantly changing despite attempts to regulate them. “It’s like a stock exchange,” he said.
“The prices are high. There’s no income, circumstances are difficult, life is hard, and winter is coming,” he said.
US President Donald Trump’s Gaza plan secured a ceasefire on October 10 and the release of the last living hostages seized during the Hamas-led October 7, 2023 attacks on Israel.
The plan calls for the establishment of a transitional authority, the deployment of a multinational security force, Hamas’ disarmament, and the start of reconstruction.
But Reuters, citing multiple sources, reported this week that Gaza’s de facto partition appeared increasingly likely, with Israeli forces still deployed in more than half the territory and efforts to advance the plan faltering.
Nearly all of Gaza’s 2 million people live in areas controlled by Hamas, which seized control of the territory from President Mahmoud Abbas’ Palestinian Authority (PA) and his Fatah Movement in 2007.
Ghaith al-Omari, a senior fellow at the Washington Institute think-tank, said Hamas’ actions aimed to show Gazans and foreign powers alike that it cannot be bypassed.
“The longer that the international community waits, the more entrenched Hamas becomes,” Omari said.
US STATE DEPARTMENT: HAMAS ‘WILL NOT GOVERN’
Asked for comment on Gazans’ accounts of Hamas levying fees on some goods, among other reported activities, a US State Department spokesperson said: “This is why Hamas cannot and will not govern in Gaza.”
A new Gaza government can be formed once the United Nations approves Trump’s plan, the spokesperson said, adding that progress has been made towards forming the multinational force.
The PA is pressing for a say in Gaza’s new government, though Israel rejects the idea of it running Gaza again. Fatah and Hamas are at odds over how the new governing body should be formed.
Munther al-Hayek, a Fatah spokesperson in Gaza, said Hamas actions “give a clear indication that Hamas wants to continue to govern.”
In the areas held by Israel, small Palestinian groups that oppose Hamas have a foothold, a lingering challenge to it.
Gazans continue to endure dire conditions, though more aid has entered since the ceasefire.
THEY ‘RECORD EVERYTHING’
A senior Gazan food importer said Hamas hadn’t returned to a full taxation policy, but they “see and record everything.”
They monitor everything that enters, with checkpoints along routes, and stop trucks and question drivers, he said, declining to be identified. Price manipulators are fined, which helps reduce some prices, but they are still much higher than before the war began and people complain they have no money.
Hamas’ Gaza government employed up to 50,000 people, including policemen, before the war. Thawabta said that thousands of them were killed, and those remaining were ready to continue working under a new administration.
Hamas authorities continued paying them salaries during the war, though it cut the highest, standardizing wages to 1,500 shekels ($470) a month, Hamas sources and economists familiar with the matter said. It is believed that Hamas drew on stockpiled cash to pay the wages, a diplomat said.
The Hamas government replaced four regional governors who were killed, sources close to Hamas said. A Hamas official said the group also replaced 11 members of its Gaza politburo who died.
Gaza City activist and commentator Mustafa Ibrahim said Hamas was exploiting delays in the Trump plan “to bolster its rule.” “Will it be allowed to continue doing so? I think it will continue until an alternative government is in place,” he said.
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Israel Worried US to Proceed to Rebuilding Gaza Without Disarming Hamas, i24NEWS Understands
A Palestinian man points a weapon in the air after it was announced that Israel and Hamas agreed on the first phase of a Gaza ceasefire, in the central Gaza Strip, October 9. Photo: REUTERS/Mahmoud Issa
i24 News – The dispute is emerging between Jerusalem and Washington over the question of rebuilding of Gaza and disarming Hamas, i24NEWS understands. Additionally, Israel is concerned with the shift in US language toward a “Palestinian state.”
Ahead of the significant week and the expected United Nations Security Council vote on the international stabilization force (ISF) for Gaza, which is supposed among other tasks to disarm Hamas, Israel is pointing to a worrying direction in which the Americans are heading – to immediately begin rebuilding the Strip before the question of disarming Hamas has been resolved.
This coincides with reports of difficulties in forming the International stabilization force.
In addition, Israel is casting great doubt on the question of disarmament.
A senior Israeli official estimates: This will not work, in the end we will demilitarize the terrorists by ourselves, similar to what is unfolding in Lebanon, where the French representatives, as expected, are doing nothing.
At the same time, a very worrying change in the wording of the resolution that will be put to the vote clarifies that the purpose of the resolution that will be adopted this week in the Security Council is to establish a Palestinian state.
Senior Israeli officials told i24NEWS that this is a very worrying change though, according to the Americans, the shift in language was required in order to convince the member states to mobilize forces for the international stabilization force.
Israel also claims that it still has the right to veto the multinational force, although the wording in the proposal is a little more amorphous: “in close consultation with Israel.”