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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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Iran Leaders Join Crowds on Tehran’s Streets to Project Control in Wartime
Iranians gather at a park on Nature Day, amid the U.S.-Israeli conflict with Iran, in Tehran, Iran, April 2, 2026. Photo: Majid Asgaripour/WANA (West Asia News Agency) via REUTERS
After more than a month of being stalked by targeted assassinations, Iran’s leadership has adopted a new tactic to show it is still in control – with senior officials walking openly in the streets among small crowds who have gathered in support of the Islamic Republic.
In recent days, Iran’s president and foreign minister have separately mixed with groups of several hundred people in central Tehran. On Tuesday, state television aired footage of the two posing for selfies, talking to members of the public and shaking hands with supporters who had gathered in public areas.
According to insiders and analysts, the appearances are part of a calculated effort by Iran’s theocratic leadership to project resilience and authority — not only over the vital Strait of Hormuz but also over the population — despite a sustained US-Israeli campaign aimed at “obliterating” it.
One insider close to the hardline establishment said such public outings are intended to show that the Islamic Republic is “unshaken by strikes and that it remains in control and vigilant” as the war grinds on.
The US-Israeli war on Iran began on February 28 with the killing of veteran Supreme Leader Ayatollah Ali Khamenei and several senior military commanders in waves of strikes that have since continued to target top officials.
Iran’s new Supreme Leader, Mojtaba Khamenei, has not been seen in public since taking over on March 8 from his father. Foreign Minister Abbas Araqchi, meanwhile, was removed from Israel’s hit list amid mediation efforts last month, including by Pakistan, to bring Tehran and Washington together for talks to end the war.
Talks aimed at ending the war have since appeared to have petered out, as Tehran brands US peace proposals “unrealistic.” Against that backdrop, recent public appearances by President Masoud Pezeshkian and Araqchi appear designed to project defiance, if not a convincing display of public support.
A senior Iranian source said officials’ public presence demonstrates that “the establishment is not intimidated by Israel’s targeted killing of top Iranian figures.”
Asked whether Iran’s foreign minister or president were on any sort of kill list, an Israeli military spokesperson, Nadav Shoshani, said on Friday he would not “speak about specific personnel.”
NIGHTLY RALLIES TO SHOW RESILIENCE
Despite widespread destruction, Tehran appears emboldened by surviving weeks of intense US-Israeli attacks, firing on Gulf countries hosting US troops and demonstrating its ability to effectively block the Strait of Hormuz.
On Wednesday, US President Donald Trump vowed more aggressive strikes on Iran, without offering a timeline for ending hostilities. Tehran responded by warning the United States and Israel that “more crushing, broader and more destructive” attacks were in store.
Encouraged by clerical rulers, supporters of the Islamic Republic take to the streets each night, filling public squares to show loyalty even as bombs rain down across the country.
Analysts say the establishment is also seeking to raise the “political and reputational” cost of the strikes at a time when civilian casualties are deeply disturbing for Iranians.
Omid Memarian, a senior Iran analyst at DAWN, a Washington-based think tank, said the decision to send officials into gatherings reflects a layered strategy, including an effort to sustain the morale of core supporters at a moment of acute pressure.
“The system relies heavily on this base; if its supporters withdraw from public space, its ability to project control and authority weakens significantly,” Memarian said.
Speaking to state television, some in the crowds voice unwavering loyalty to Iran’s leadership; others oppose the bombing of their country regardless of politics; and some have a stake in the system, including government employees, students and others whose livelihoods are tied to it.
Hadi Ghaemi, head of the New York-based Center for Human Rights in Iran, said the establishment is using such loyal crowds as human shields to raise the cost of any assassination attempts.
“By being in the middle of large crowds they have protections that would make Israeli-American attacks against them very bloody and generate sympathy worldwide,” he said.
POTENTIAL PROTESTERS STAY OFF STREETS AT NIGHT
The Islamic Republic emerged from a 1979 revolution backed by millions of Iranians. But decades of rule marked by corruption, repression and mismanagement have thinned that support, alienating many ordinary people.
While there has been little sign so far of anti-government protests that erupted in January and abated after a deadly crackdown, the establishment has adopted harsh measures – such as arrests, executions and large-scale deployment of security forces – to prevent any sparks of dissent.
Rights groups have warned about “rushed executions” during wartime after Iran hanged at least seven political prisoners during the war.
“Many potential protesters are frightened by the continuing presence of armed men and violent crowds in the streets and largely stay at home once darkness falls,” Ghaemi said.
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US Fighter Jet Shot Down Over Iran, Search Underway for Crew, US Officials Say
FILE PHOTO: A U.S. Air Force F-16 jet fighter takes off from an airbase during CRUZEX, a multinational air exercise hosted by the Brazilian Air Force, in Natal, Brazil November 21, 2018. REUTERS/Paulo Whitaker/File Photo
A US fighter jet has been shot down over Iran and a search-and-rescue operation is underway for any survivors, two US officials told Reuters on Friday, in the first such known incident since the war began nearly five weeks ago.
The Pentagon and US Central Command did not respond to requests for comment.
The prospect of US pilots being alive and on the run inside Iran raises the stakes for the United States in a conflict that has struggled to win popular support among Americans, according to opinion polls.
It also presents a challenge to the US military, which faces the twin goals of trying to save the lives of any surviving U.S. crew and safeguard whoever is involved in perilous rescue missions.
Iranian officials called on civilians to be on the lookout for survivors and have flooded social media with images that purport to show wreckage from the aircraft.
The governor of Kohgiluyeh and Boyer-Ahmad province said anyone who captured or killed the crew “would be specially commended,” Iran’s semi-official news agency ISNA reported.
The incident follows threats by US President Donald Trump to bomb the country back to the “Stone Age,” including to attack Iran’s energy infrastructure and desalination plants, as he presses Tehran to end the war on US terms.
So far, 13 US military service members have been killed in the conflict and more than 300 have been wounded, according to the US Central Command. No US troops have been taken prisoner by Iran.
While Trump has repeatedly sought to portray the Iranian military as defeated, Reuters has reported on US intelligence showing Iran retains large amounts of missile and drone capability.
As of last week, the United States could only determine with certainty that it has destroyed about a third of Iran’s missile arsenal. The status of around another third was less clear but bombings likely damaged, destroyed or buried those missiles in underground tunnels and bunkers, Reuters’ sources said.
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Trump: US ‘Hasn’t Even Started Destroying What’s Left in Iran’
US President Donald Trump speaks on the day he honors reigning Major League Soccer (MLS) champion Inter Miami CF players and team officials with an event in the East Room of the White House in Washington, DC, US, March 5, 2026. Photo: REUTERS/Jonathan Ernst
i24 News – US President Donald Trump said Israel will halt its military campaign against Iran when he decides to end the war, while also signaling in recent conflicting statements that US strikes on Iranian targets could intensify.
Trump emphasized coordination with Israel, stating, “They’ll do what I tell them… They’ve been a good team player. They’ll stop when I stop. They’ll stop unless they’re provoked.”
At the same time, Trump indicated that the US has not yet fully escalated its military campaign. In a statement on Truth Social on Friday, he said, “Our military… hasn’t even started destroying what’s left in Iran. Bridges next, then electric power plants!” He added that Iran’s new leadership “knows what has to be done and has to be done FAST.”
According to a TIME report, Trump is weighing how to balance further military action with growing domestic pressure. Advisers warned him that public support for the war is declining as fuel prices rise and economic concerns mount in the United States.
The conflict has had global implications, particularly through disruptions in the Strait of Hormuz, a key route for oil shipments. The report notes that prolonged instability in the waterway could deepen economic strain and impact global markets.
At the same time, the administration has highlighted military achievements while acknowledging uncertainty over how to achieve broader goals such as limiting Iran’s long-term capabilities. Trump has expressed interest in ending the war but also in ensuring what he views as a decisive outcome.
The report indicates that the US is pursuing multiple options, with Trump seeking a way to conclude the conflict while maintaining pressure on Iran through continued or expanded strikes.