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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 Terrorists Hand Over Body of Another Gaza Hostage
Palestinians walk past the rubble of destroyed buildings, amid a ceasefire between Israel and Hamas, in Jabalia, northern Gaza Strip, November 6, 2025. Photo: REUTERS/Mahmoud Issa
Palestinian terrorist group Islamic Jihad handed over the body of a deceased hostage on Friday as part of the Gaza ceasefire between Israel and Hamas.
The Israeli military said in a statement on Saturday it had confirmed the body was that of Lior Rudaeff following an identification process.
Israeli Prime Minister Benjamin Netanyahu’s office said that a coffin carrying the remains of a hostage had been handed over to Israeli security forces in Gaza via the Red Cross.
Islamic Jihad is an armed group that is allied with Hamas and also took hostages during the October 7, 2023, attack that precipitated the Gaza war. It said the hostage’s body was located in the southern Gaza city of Khan Younis.
Under the October ceasefire deal, Hamas turned over all 20 living hostages still held in Gaza since the group’s attack on Israel, in return for nearly 2,000 Palestinian convicts and wartime detainees held in Israel.
The ceasefire agreement also included the return of remains of 28 deceased hostages in exchange for the remains of 360 militants.
Including Rudaeff, taken from the Kibbutz Nir Yitzchak, 23 hostage bodies have been returned in exchange for 300 bodies of Palestinians, though not all have been identified, according to Gaza’s health authorities.
The tenuous ceasefire has calmed most but not all fighting, allowing hundreds of thousands of Palestinians to return to the ruins of their homes in Gaza. Israel has withdrawn troops from positions in cities and more aid has been allowed in.
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Iran’s Severe Water Crisis Prompts Pezeshkian to Raise Possibility of Evacuating Tehran
Iranian President Masoud Pezeshkian attends the Shanghai Cooperation Organisation (SCO) Summit 2025, in Tianjin, China, September 1, 2025. Iran’s Presidential website/WANA (West Asia News Agency)/Handout via REUTERS
i24 News – As Iran is experiencing one of its worst droughts in decades, President Masoud Pezeshkian warned that the capital of Tehran might have to be evacuated if there were no rains in the next two months.
“If it doesn’t rain, we will have to start restricting water supplies in Tehran next month. If the drought continues, we will run out of water and be forced to evacuate the city,” the leader was quoted as saying.
Pezeshkian described the situation as “extremely critical,” citing reports that Tehran’s dam reservoirs have fallen to their lowest level in 60 years.
According to the director of the Tehran Water Company, the largest water reservoir serving the capital currently holds 14 million cubic meters, compared to 86 million at the same time last year.
Latyan Dam, another key reservoir, is only about nine percent full. “Latyan’s water storage is just nine million cubic meters,” Deputy Energy Minister Mohammad Javanbakht said recently, calling the situation “critical.”
On Saturday, Energy Minister Abbas Aliabadi said “we are forced to cut off the water supply for citizens on some evenings so that the reservoirs can refill.”
The ongoing crisis is giving rise to increasing speculation that further shortages could trigger nationwide protests and social unrest.
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US Forces Working with Israel on Gaza Aid, Israeli Official Says
A Palestinian carries aid supplies that entered Gaza, amid a ceasefire between Israel and Hamas in Gaza, in Zawaida in the central Gaza Strip. Photo: REUTERS/Mahmoud Issa
US forces are taking part in overseeing and coordinating aid transfers into the Gaza Strip together with Israel as part of US President Donald Trump’s ceasefire plan, an Israeli security official said on Saturday.
The Washington Post reported on Friday that the US-led Civil-Military Coordination Center (CMCC) will replace Israel in overseeing aid into Gaza. It cited a US official and people familiar with the matter as saying Israel was part of the process but that CMCC would decide what aid enters Gaza and how.
The Israeli security official said that Israeli security services remain part of policy, supervision and monitoring with decisions made jointly, and that the integration of the CMCC was already underway.
A spokesperson for the US embassy in Jerusalem told Reuters that the US was “working hard, in tandem with Israel and regional partners, on the next phases of implementing” the president’s “historic peace plan.” That includes coordinating the immediate distribution of humanitarian assistance and working through details.
The US is pleased by the “growing contributions of other donors and participating countries” in the CMCC to support humanitarian aid to Gaza, the spokesperson said.
TOO LITTLE AID GETTING IN
Israel and Palestinian militant group Hamas agreed a month ago to a first phase of a peace plan presented by Trump. It paused a devastating two-year war in Gaza triggered by a cross-border attack by Hamas terrorists on October 7, 2023, and secured a deal to release Israeli hostages and Palestinian prisoners.
The CMCC began operating from southern Israel in late October, tasked with helping aid flow and stabilizing security in Gaza, according to the U.S. Central Command.
While the truce was meant to unleash a torrent of aid across the tiny, crowded enclave where famine was confirmed in August and where almost all the 2.3 million inhabitants have lost their homes, humanitarian agencies said last week that far too little aid is reaching Gaza.
Israel says it is fulfilling its obligations under the ceasefire agreement, which calls for an average of 600 trucks of supplies into Gaza per day. Reuters reported on October 23 that Washington is considering new proposals for humanitarian aid delivery.
The Israeli official said that the United States will lead coordination with the international community, with restrictions still in place on the list of non-governmental organizations supplying aid and the entry of so-called dual-use items, which Israel considers to have both civilian and military use.
