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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. 


The post Israeli democracy may not survive a ‘reform’ of its Supreme Court appeared first on Jewish Telegraphic Agency.

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Israel Issues Veiled Warning to Turkey as Countries Clash Over Gaza Role

Turkish President Tayyip Erdogan attends a press conference with German Chancellor Friedrich Merz at the Presidential Palace in Ankara, Turkey, Oct. 30, 2025. Photo: REUTERS/Umit Bektas

Israeli Defense Minister Israel Katz on Tuesday warned regional powers — in an apparent swipe at Turkey — to abandon any ambitions of restoring an empire, as tensions mount over postwar reconstruction in Gaza and competing efforts to assert regional influence.

At a joint press conference with Greek Defense Minister Nikos Dendias in Athens, Katz said Israel was determined “not to allow actors seeking to undermine regional stability to establish a foothold through terrorism, aggression, or military proxies — in Syria, in Gaza, in the Aegean Sea, or in any other arena.”

“Those who dream of dragging the region backward, establishing control through terror, or rebuilding empires at the expense of sovereign states will encounter a resolute alliance of free, strong nations capable of defending themselves,” Katz continued.

Last week, US President Donald Trump announced the establishment of the “Gaza Board of Peace” as part of his administration’s 20-point peace plan intended to end the war in Gaza and advance the process into phase two.

Despite vocal opposition from Israel, Trump has invited Turkey — along with Egypt, Argentina, and several other countries — to take part in his newly created initiative.

Israeli officials have repeatedly rejected any Turkish role in Gaza’s postwar reconstruction, warning that Ankara’s push to expand its regional influence could bolster Hamas’s terrorist infrastructure. Turkey has been a longtime backer of Hamas, the Palestinian terrorist group that ruled Gaza before the war and currently controls just over 40 percent of the enclave’s territory.

Beyond now holding a seat on the Board of Peace, Turkey, a NATO ally, is also seeking a role in a multinational force expected to be deployed to the war-torn enclave to oversee reconstruction efforts, prompting Israeli warnings that Ankara could use its position to shield Hamas from disarmament.

Multiple media outlets reported that Turkish President Tayyip Erdogan has yet to decide whether to accept Trump’s invitation to join the US-led initiative in Gaza, with the country’s participation in the international force still uncertain.

On Monday, Israeli Prime Minister Benjamin Netanyahu vowed that neither Turkish nor Qatari forces would be allowed in Gaza under the US-backed postwar reconstruction bodies, acknowledging a “certain dispute” with Washington over the issue.

“Turkish or Qatari soldiers will not be in the Strip,” the Israeli leader said in a speech to the Knesset. 

Qatar and Turkey “are barely members of an advisory committee of one of the three commissions, in which they don’t have any authority or any influence or any soldiers,” Netanyahu continued. 

Even as talks advance on phase two of Trump’s peace plan, Netanyahu stressed that Israel is still awaiting the return of slain hostage Ran Gvili’s remains, as stipulated in the first stage of the agreement.

“Phase two means one simple thing: Hamas will be disarmed, and Gaza will be demilitarized,” he said. “We are committed to these goals, and they will be achieved, either the hard way or the easy way.”

Under Trump’s Gaza peace plan, the international board of peace would oversee an interim technocratic Palestinian government in the enclave, supported for at least two years by an International Stabilization Force (ISF).

The ISF — comprising troops from multiple participating countries — will oversee the Gaza ceasefire between Israel and Hamas, train local security forces, secure Gaza’s borders with Israel and Egypt, and protect civilians while maintaining humanitarian corridors.

In addition, the ISF would seemingly be expected to take on the responsibility of disarming Hamas — a key component of Trump’s peace plan to end the war in Gaza which the Palestinian terrorist group has repeatedly rejected.

Earlier this month, Erdogan warned that the ISF would fail to earn the trust of the Palestinian people without Turkey’s involvement, signaling Ankara’s determination to assert influence over Gaza’s postwar future.

“It would be impossible for any mechanism to gain the trust of the Palestinian people without Turkey’s involvement,” the Turkish leader said. 

“We are in a key position for such a mission due to our deep historical ties with the Palestinian side, the security and diplomacy channels we have maintained with Israel in the past, and our regional influence as a NATO member country,” he continued.

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An activist criticized Miami Beach’s Jewish mayor on Facebook — then police came knocking

Miami Beach’s Jewish mayor and his police chief are facing blowback after detectives questioned a local activist over a Facebook post in which she accused the mayor of endorsing violence against Palestinians.

Two weeks ago, Raquel Pacheco commented on a Facebook post by Mayor Steven Meiner, in which he wrote that Miami Beach “is a safe haven for everyone.” He compared Miami Beach with New York City, which he said was “intentionally removing protections against select groups, including promoting boycotts of Israeli/Jewish businesses.”

“The guy who consistently calls for the death of all Palestinians, tried to shut down a theater for showing a movie that hurt his feelings, and REFUSES to stand up for the LGBTQ community in any way (even leaves the room when they vote on related matters) wants you to know that you’re all welcome here. 🤡🤡🤡” Pacheco commented.

Five days later, police showed up at Pacheco’s door.

Pacheco recorded the encounter, which showed a detective telling her the Facebook post “can probably incite someone to do something radical,” and that Pacheco should “refrain from posting things like that because that could get something incited.”

“This is freedom of speech,” Pacheco told the officer. “This is America, right?”

Pacecho later acknowledged Meiner hadn’t explicitly called for the death of all Palestinians, but told Axios that she viewed Meiner’s public support for Israel as amounting to an endorsement of  genocide.

In a statement, Miami Beach Police Chief Wayne Jones said he “had serious concerns that her remarks could trigger physical action by others,” in the context of “the real, ongoing national and international concerns surrounding antisemitic attacks and recent rhetoric that has led to violence against political figures.”

Jones added that “at no time did the mayor or any other official direct me to take action.” Meiner’s office did not respond to the Forward’s request for comment.

The video of the encounter has gone viral on social media, with many commenters expressing disbelief at what they view as a clear misuse of police power.

“Wtf,” conservative media personality Megyn Kelly posted to X alongside the video.

The free speech advocacy group FIRE called the incident “offensive to the First Amendment,” arguing that the Facebook post fell short of the legal threshold to be considered incitement.

‘One-sided propaganda’

Miami Beach Mayor Steven Meiner at Art Basel in 2023. Photo by Arturo Holmes/Getty Images

This isn’t the first time Miami Beach has cracked down on speech related to Israel.

In March, Meiner threatened to evict and defund a movie theater that scheduled screenings of No Other Land, an Oscar-winning documentary about a group of Israeli and Palestinian activists trying to save a village in the West Bank from demolition.

Meiner called the film “a one-sided propaganda attack on the Jewish people.” He ultimately backed away from his resolution to revoke the theater’s lease from the city after it became clear the City Commission would not vote for his proposal.

A year earlier, in response to pro-Palestinian protests, Meiner sponsored legislation that made it a criminal offense for anyone to obstruct a street or sidewalk after being ordered to leave by police.

At a City Commission meeting discussing the ordinance, Meiner muted the microphone of two Jewish residents who opposed the legislation and were speaking out against Israel’s conduct in Gaza.

“This is a nonpartisan commission meeting, and I’m not going to allow you to debase and lie about the Israeli government,” Meiner said.

From Yeshiva of Flatbush to Miami Beach mayor

Meiner was raised in an Orthodox Jewish family in Brooklyn, where he attended Yeshiva of Flatbush. His father worked for the Internal Revenue Service and his mother was a public school teacher and guidance counselor.

Meiner attended Brooklyn College and Brooklyn Law School, moving to Miami Beach in 2007 to work as a lawyer for the Securities and Exchange Commission. He left that job amid accusations of unwanted sexual advances toward colleagues. Meiner denied the allegations and said he believed they were motivated by his colleagues’ antagonism to his staunch pro-Israel stance.

In 2019, Meiner won a seat on the City Commission of Miami Beach, and in 2023, was elected mayor of Miami Beach, which is a nonpartisan office. He has branded himself as the “law and order mayor” and encouraged New Yorkers to move to Florida after the election of Mayor Zohran Mamdani.

An estimated 20% of households in Miami Beach are Jewish, according to a 2024 survey by the Greater Miami Jewish Federation, with a higher percentage of Jews there feeling a strong emotional connection to Israel than the national average.

That background shapes Meiner’s approach to leadership. In September, Meiner appeared on the podcast “Standpoint with Gabe Groisman” and spoke about his experience governing as an Orthodox Jew, including how he responds when confronted with opposition.

“There are people who tell me, ‘Just let them speak. Don’t even counter them.’ That, to me, is not wise,” Meiner said. “They can have their free speech, but people need to be educated and know when something is vile and antisemitic.”

The post An activist criticized Miami Beach’s Jewish mayor on Facebook — then police came knocking appeared first on The Forward.

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Syria Gives Kurds Four Days to Accept Integration as US Signals End of Support

Syrian Democratic Forces (SDF) fighters walk near an armored vehicle, following clashes between SDF and Syrian government forces, in Hasakah, Syria, Jan. 20, 2026. Photo: REUTERS/Orhan Qereman

Syria on Tuesday announced a ceasefire with Kurdish forces it has seized swathes of territory from in the northeast and gave them four days to agree on integrating into the central state, which their main ally, the United States, urged them to accept.

The lightning government advances in recent days and the apparent withdrawal of US support for the continued holding of territory by the Syrian Democratic Forces represent the biggest change of control in the country since rebels ousted Bashar al-Assad 13 months ago.

US envoy Tom Barrack in a social media post described the offer of integration into the central Syrian state with citizenship rights, cultural protections, and political participation as the “greatest opportunity” the Kurds have.

He added that the original purpose of the SDF, which Washington had supported as its main local ally battling Islamic State, had largely expired, and that the US had no long-term interest in retaining its presence in Syria.

The United States is monitoring with “grave concern” developments in Syria, a White House official said, and urged all relevant parties to continue negotiating in “good faith.”

“We urge all parties to exercise maximum restraint, avoid actions that could further escalate tensions, and prioritize the protection of civilians across all minority groups,” the White House official said.

FOUR-DAY CEASEFIRE

The SDF said it accepted a ceasefire agreement with the Damascus government and that it would not engage in any military action unless attacked.

A Syrian government statement said it had reached an understanding with the SDF for it to devise an integration plan for Hasakah province or risk state forces entering two SDF-controlled cities.

The government announced a four-day ceasefire starting on Tuesday evening and said it had asked the SDF to submit the name of a candidate to take the role of assistant to the defense minister in Damascus as part of the integration.

Northeast Syria, wedged between Turkey and Iraq, is home to both Kurds and Arabs and was largely overrun by Islamic State fighters a decade ago before the SDF drove them back with air support from a US-led coalition.

However, advances by the SDF’s main component, the Kurdish YPG force, were concerning to US ally Turkey, which regarded it as an offshoot of the PKK group that had waged a years-long insurgency inside Turkey.

Since Assad was overthrown in December 2024, Syria has been led by former rebel leader Ahmed al-Sharaa, who at one stage controlled the al Qaeda offshoot in the country, and who has emerged as a close ally of Turkey.

Northeast Syria remains sensitive to Ankara, and is of wider international concern because of the presence of SDF-guarded facilities holding thousands of detained Islamic State militants and civilians associated with them.

ISLAMIC STATE DETAINEES

About 200 low-level Islamic State fighters escaped Shaddadi prison in northeast Syria on Monday when the SDF departed, but Syrian government forces recaptured many of them, a US official said on Tuesday.

The Syrian Interior Ministry said on Tuesday that about 120 Islamic State detainees escaped, 81 of whom had been recaptured.

The SDF said it had also withdrawn from al-Hol camp housing thousands of civilians linked to the jihadist group near the Iraqi border.

A senior Syrian government defense official said Damascus had notified the US of the SDF intention to withdraw from the vicinity of al-Hol camp and that government forces were ready to deploy there.

The SDF has previously said it was guarding some 10,000 IS fighters.

Syrian military sources said government troops had advanced on Tuesday in eastern areas of Hasakah province and south of the town of Kobani on the border with Turkey.

The SDF remains in control of Hasakah City, the provincial capital, which is ethnically mixed between Kurds and Arabs, and the Kurdish-majority city of Qamishli.

The government statement said it would not try to enter Hasakah or Qamishli cities during the four days it had given the SDF to outline a plan for integrating into the Syrian state.

MONTHS OF DEADLOCK

Tensions between the SDF and Damascus spilled into conflict this month after deadlock over the fate of the group’s fighters and territory as it resisted government demands to dissolve into the defense ministry.

On Sunday the SDF agreed to withdraw from the Arab-majority provinces of Raqqa and Deir al-Zor, and on Monday government forces pushed into Hasakah province.

Reports indicated that SDF commander Mazloum Abdi and Sharaa held a rocky meeting on Monday, after Abdi’s signature appeared on a 14-point agreement with the government.

The United States, which has established close ties with Sharaa under President Donald Trump, has been closely involved in mediation between the sides.

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