Connect with us

Uncategorized

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.

Continue Reading

Uncategorized

11-Year-Old Girl Succumbs to Wounds from Iranian Missile Strike

A photo of Nesya Karadi. Photo: courtesy of her family.

i24 NewsAn 11-year-old girl has died nearly three weeks after being critically injured by an Iranian missile strike on her family home.

Nesya Karadi passed away Friday at Sheba Medical Center, becoming the 21st civilian fatality in Israel since the current conflict began on February 28.

The attack occurred on April 1, just hours before the start of Passover. Officials confirmed the strike involved an Iranian missile equipped with a cluster warhead; a sub-munition directly hit the Karadi home, wounding 14 people.

Among the injured was Nesya’s father, a volunteer with the Magen David Adom paramedic service. In a final act of heroism before losing consciousness from his own injuries, he reportedly administered life-saving first aid to his daughter.

Hanoch Zeibert, the Mayor of Bnei Brak, expressed the city’s deep grief over the loss of a “pure child whose whole life was ahead of her,” pledging the municipality’s full support to the Karadi family during their ordeal

Continue Reading

Uncategorized

Palestinian Local Elections Give Some Gazans First Chance to Vote in Years

A Palestinian woman votes during the municipal election at a polling station in Deir al-Balah, central Gaza Strip April 25, 2026. REUTERS/Mahmoud Issa

Palestinians voted in local elections on Saturday that for the first time in two decades include Gaza and are a gauge of the political mood.

The West Bank-based Palestinian Authority has said it hopes the inclusion of the Gazan city of Deir al-Balah will reinforce its claim to authority over the territory from which it was ousted by Hamas in 2007.

Some Gazans, who are struggling to meet their basic needs in the devastated enclave, welcomed the opportunity to vote.

“As a Palestinian and a son of the Gaza Strip, I feel proud that after this war the democratic process is returning,” said voter Mamdouh al-Bhaisi, 52, at the Deir al-Balah polling station.

Turnout, however, was low at 13.8 percent in Deir al-Balah by 1 p.m. (1000 GMT) and at 25.3 percent in the West Bank, according to official figures. Voting will continue in the West Bank until  7 p.m., while in Deir Al-Balah it ends an hour earlier due to electricity constraints.

Casting his ballot in a polling station in the Al-Bireh area, near Ramallah, Palestinian President Mahmoud Abbas said eventually elections will be held across the Gaza Strip.

“Gaza is an inseparable part of the state of Palestine. Therefore, we have worked by all means to ensure that elections take place in Deir al-Balah to affirm the unity of the two parts of the country together,” he said.

ISRAEL HAS EXTENDED CONTROL OVER GAZA AND WEST BANK

Since a US-brokered ceasefire in Gaza between Hamas and Israel took effect in October, intermittent talks led by the United States have made little progress towards a settlement that envisages international supervision of Gaza.

European and Arab governments broadly support an eventual return of Palestinian Authority governance in Gaza, together with the establishment of an independent Palestinian state. It would comprise Gaza, East Jerusalem and the West Bank, where the Palestinian Authority exercises limited self-rule.

Western diplomats say local elections could be a step towards the first national elections in nearly two decades and advance reforms to increase transparency and accountability that the PA says are under way.

“We hope that the procedure carried out today will be crowned with legislative and presidential elections,” said Munif Treish, one of the candidates in the West Bank.

Saturday’s vote is the first of any kind in Gaza since 2006 and the first Palestinian elections to be held since the Gaza war started more than two years ago with a cross-border Hamas assault on southern Israeli communities. Municipal elections were last held in the West Bank four years ago.

STRUGGLE TO PAY WAGES AS ISRAEL WITHHOLDS FUNDS

The Palestinian Authority has struggled to pay wages as Israel withholds tax revenues it collects on its behalf, raising fears of economic collapse. Israel justifies withholding the funds in protest at welfare payments to prisoners and families of those killed by its forces, which it says incentivize attacks.

The Israeli government has also taken steps to help settlers acquire West Bank land. Finance Minister Bezalel Smotrich has repeatedly said: “We will continue to kill the idea of a Palestinian state.”

In Deir al-Balah, which has suffered less damage from Israel’s assault since 2023 than other Gazan cities, banners bearing candidate lists hang from buildings.

The Palestinian election committee cited widespread destruction among the reasons voting could not be held across the rest of Gaza, more than half of which is controlled by Israel, with the rest under Hamas rule.

HAMAS BOYCOTTS VOTE BUT SOME CANDIDATES ARE ALIGNED

Some Palestinian factions are boycotting the elections in protest at the PA’s request that candidates back its agreements, which include recognition of the state of Israel.

Hamas, which has ruled Gaza for nearly two decades, has not formally nominated any candidates but one list in the Deir al-Balah election is widely viewed by residents and analysts as aligned with it.

Analysts say the performance of candidates linked to the militant group could gauge its popularity. Most candidates, including in the West Bank, are running under Fatah, the main political movement behind the PA, or as independents.

Hamas has said it would respect the results. Palestinian sources told Reuters ahead of the vote that the group’s civil policemen would be deployed to safeguard polling stations in Gaza.

The Palestinian Central Elections Committee said more than one million Palestinians, including 70,000 in Gaza, are eligible to vote, with results expected late on Saturday or on Sunday.

Continue Reading

Uncategorized

Iran Says It Won’t Accept ‘Maximalist Demands’ as Islamabad Hosts Peace Push

Iran’s Foreign Minister Abbas Araqchi meets with Pakistan’s Foreign Minister Ishaq Dar, as Pakistan prepares to host the US and Iran for the second phase of peace talks, in a location given as Islamabad, Pakistan, released April 25, 2026. Photo: ESMAEIL BAQAEI VIA X/Handout via REUTERS

Iranian Foreign Minister Abbas Araqchi laid out Iran’s demands and its reservations about US positions on Saturday as Islamabad hosted a new push to end a war that has killed thousands and roiled global markets.

Though details of the talks were scant, Araqchi met Pakistani Prime Minister Shehbaz Sharif and other high-ranking officials. The White House had earlier announced that President Donald Trump’s special envoy Steve Witkoff and son-in-law Jared Kushner would travel to the Pakistani capital on Saturday, but Iran has so far ruled out a new round of direct talks.

Washington and Tehran are at an impasse as Iran has largely closed the Strait of Hormuz, which normally carries one-fifth of global oil shipments, while the US blocks Iran’s oil exports.

IRAN SETS OUT ITS ‘PRINCIPLED POSITIONS’

The conflict, in which a ceasefire is now in force, began with US-Israeli airstrikes on Iran on February 28. Iran has since carried out strikes against Israel, US bases and Gulf states, and the war has pushed up energy prices to multi-year highs, stoking inflation and darkening global growth prospects.

Araqchi “explained our country’s principled positions regarding the latest developments related to the ceasefire and the complete end of the imposed war against Iran,” said a statement on the minister’s official Telegram account.

Asked about Tehran’s reservations about US positions in the talks, an Iranian diplomatic source in Islamabad told Reuters: “Principally, Iranian side will not accept maximalist demands.”

US Defense Secretary Pete Hegseth had earlier told reporters that Iran had a chance to make a “good deal.”

“Iran knows that they still have an open window to choose wisely,” he said. “All they have to do is abandon a nuclear weapon in meaningful and verifiable ways.”

Araqchi arrived in Islamabad on Friday. But an Iranian foreign ministry spokesperson posted on X that Iranian officials did not plan to meet US representatives and that Tehran’s concerns would be conveyed to mediator Pakistan.

Trump told Reuters on Friday that Iran planned to make an offer aimed at satisfying US demands but that he did not know what the offer entailed. He declined to say who Washington was negotiating with, “but we’re dealing with the people that are in charge now.”

White House press secretary Karoline Leavitt said the US had seen some progress from the Iranian side in recent days and hoped more would come this weekend, while Vice President JD Vance was ready to travel to Pakistan as well.

CEASEFIRES IN PLACE, FEW SHIPS CROSSING HORMUZ

Days after Trump extended the ceasefire, international flights resumed from Tehran’s Imam Khomeini International Airport on Saturday, Iranian media said. The first passengers had departed for Medina, in Saudi Arabia, Muscat and Istanbul, with operations expected to accelerate in the coming days.

“Well, it’s a good feeling. When flights resume, trade is done, and people can do their jobs. It’s a good feeling,” said one passenger at the airport, where passengers were queuing at check-in desks.

Iranian airspace has been largely closed since the start of the war. Tens of thousands of flights have been canceled, rerouted and rescheduled worldwide, shutting much of ​the Middle East’s airspace because of missile and drone threats.

Trump unilaterally extended a two-week ceasefire on Tuesday to allow more time to reconvene the negotiators.

Oil prices surged this week, with Brent crude futures soaring 16 percent, on uncertainty over the fate of the peace talks and as violence flared in the region.

Shipping data on Friday showed that five ships had crossed the Strait of Hormuz in the previous 24 hours, compared to around 130 a day before the war. The ships included an Iranian oil-products tanker but none of the vast crude-carrying supertankers that normally feed global energy markets.

Data analytics firm Vortexa said this week it had recorded 35 total transits through the US blockade from April 13 to 22, involving Iran-linked or sanctioned vessels for inbound and outbound journeys.

“The enemy, whose objective of crippling Iran’s missile and military capabilities has failed, is now seeking an honorable exit from the quagmire of war,” Iranian media quoted a defense ministry spokesperson as saying. “Iran is today in firm control of the Strait of Hormuz.”

Iranian state TV quoted the country’s top military command as reiterating that Iran would react if US forces continued their “blockade and piracy” in the region.

On Thursday, Israel and Lebanon extended their ceasefire for three weeks at a White House meeting brokered by Trump, but there was little sign of an end to the fighting in southern Lebanon.

Israel invaded its northern neighbor last month to root out Iran’s Hezbollah allies after the militant group fired across the border in support of Iran. Tehran says a ceasefire there is a precondition for talks.

Four people were killed in Israeli strikes on southern Lebanon on Saturday, Lebanon’s state news agency reported, and Hezbollah fired rockets at Israel, the Israeli military said, in the latest challenge to the ceasefire there.

Continue Reading

Copyright © 2017 - 2023 Jewish Post & News