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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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Chair of Britain’s largest arts center to step down amid antisemitism scrutiny
(JTA) — The chair of the United Kingdom’s largest arts institution will step down this fall following months of controversy over allegations of antisemitism and his social media activity related to Israel.
Misan Harriman, 48, the chair of the publicly funded Southbank Centre in central London that hosts millions of visitors per year, publicly stated earlier this week that he would not seek another term.
In a since-deleted social media post, Harriman stated on Monday that his departure had long been planned. “It’s semi-public knowledge that my term is coming to an end anyway,” he said, according to The Guardian. “I had decided way before this madness that I was going to do two terms.” He added, “I came on just after Covid, two terms, then handing the baton to whoever the next chairman will be. We will find out in due course, and of course, I am going to support that.”
The Southbank Centre said that it had been informed earlier in the year of Harriman’s decision.
In May, more than 64 MPs and peers wrote to Culture Secretary Lisa Nandy asking the government to open an investigation into Harriman’s behavior, expressing concern that his public comments “have not been treated with sufficient scrutiny, particularly given their implications for public trust and community confidence,” in a publicly funded institution.
Nandy later confirmed that the Charity Commission and Arts Council England were examining complaints, alongside an internal review by the Southbank Centre.
Harriman, a photographer and self-described social activist, came to prominence in 2020, photographing a Black Lives Matter protest in London. He has overseen the Southbank Centre since 2021, but it’s only in recent months that he has faced increasing scrutiny over his public and social media comments, including referring to Israel as an “occupying power” and accusing the country of genocide.
In April, when two Jewish men were stabbed in the heavily Orthodox Jewish neighborhood of Golders Green in London, Harriman posted on social media about an alleged third victim who was Muslim. He wrote, “Wait, so there was a 3rd victim on the SAME DAY who was Muslim?! And our press isn’t reporting it? Even the Met Police didn’t mention the Muslim victim in its X post?! What is going on @metpolice_uk ?”
The Muslim victim did in fact receive coverage, and the focus on the Jewish victims stemmed from the alleged attacker’s anti-Jewish animus.
Then, following Reform UK’s gains in the May 7 local elections, Harriman shared a post that critics said compared the party’s success to the events that led to the Holocaust.
The post prompted Reform MP Robert Jenrick to respond on X, “Comparing the millions who voted Reform on Thursday to the Nazis is disgusting.”
Harriman received support from many prominent activists and artists who signed a petition in May organized by The Good Law Project. The petition accused right-wing media of running a smear campaign against Harriman.
Those who signed included activist Greta Thunberg, actors Aimee Lou Wood, Mark Ruffalo, and Susan Sarandon, director Yorgos Lanthimos and journalist Mehdi Hassan.
Following Harriman’s announcement, the Campaign Against Antisemitism praised the decision, posting on X, “Mr Harriman’s decision to step down – supposedly always his intention – is welcome. This saga has exposed a rot in the arts world. We hope that his successor will be more worthy of the post.”
This article originally appeared on JTA.org.
The post Chair of Britain’s largest arts center to step down amid antisemitism scrutiny appeared first on The Forward.
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Mamdani touts ‘Babies not Bombs’ messaging after flexing political muscle in the New York primaries
(New York Jewish Week) — New York City Mayor Zohran Mamdani celebrated the victories of the progressive candidates he endorsed in New York’s Democratic primaries describing their success as a “shift in the balance of power.”
Speaking to reporters on Wednesday, the morning after the primaries, Mamdani touted the triumphs as a shift in the balance of power between “working people” and “special interests.”
Mamdani-endorsed candidates Brad Lander, Darializa Avila Chevalier and Claire Valdez won Democratic nominations for Congress. During the press conference, the mayor repeatedly highlighted their calls to restrict U.S. military aid to Israel and redirect federal funding to domestic priorities.
Following Mamdani’s election night sweep in New York, President Donald Trump posted on Truth Social that “America the Beautiful will NEVER be a Communist Country!!!”
The victories offered an early demonstration of Mamdani’s political influence beyond City Hall, as several Democratic Socialist candidates he backed, including Chevalier, defeated established Democratic incumbents in their districts.
“The working person is struggling in our city to afford basic needs,” Mamdani said, adding that Avila Chevalier’s oft-repeated slogan of investing in “Babies not Bombs,” is “the kind of conscience, the kind of clarity, the kind of conviction that has been missing in our politics for far too long.”
Mamdani responded to the president’s post on Wednesday, telling a reporter who asked whether his goal is to make America a “socialist” country that his “goal is to make America a place that every American can afford.”
When asked about federal policies that could be affected by Mamdani’s endorsed candidates, the mayor cited Valdez’s support for “foreign policy that understands human rights for all” and Lander’s commitment to co-sponsoring the Block the Bombs Act, which prohibits the sale of certain U.S.-made offensive weapons to Israel.
Mamdani also dismissed a question about whether he was concerned about how the victories would play out in November as Democrats try to win back the House.
“Every time the fight for working people takes a step forward, you will hear Republicans say that this is actually going to jeopardize the existence of that very fight,” he said.
When asked whether the election of Chevalier, who has faced scrutiny for past social media posts attacking Democrats and her appearance at an Oct. 8, 2023, pro-Palestinian rally in Times Square, could “complicate campaigns for Democrats as a whole,” Mamdani replied “No.”
“[Chevalier] often speaks about a politics of life. She speaks about ‘Babies not bombs,’” Mamdani continued. “What could be a better example of what the people of the district want to see versus what the people of the district have been forced to experience, which is tens of billions of dollars being spent at a national level to bomb children overseas, while children in our own districts are struggling.”
The post Mamdani touts ‘Babies not Bombs’ messaging after flexing political muscle in the New York primaries appeared first on The Forward.
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Jewish anti-Zionist David Orkin defeats incumbent in NY Assembly primary
(New York Jewish Week) — David Orkin, a Jewish anti-Zionist attorney and democratic socialist, defeated incumbent New York State Assemblymember Jenifer Rajkumar in Tuesday’s Democratic primary. Orkin won State Assembly District 38, which includes parts of Queens.
Orkin, an immigrant workers’ rights attorney and union organizer, received 58.8% of the vote, while Rajkumar, who has represented the district since 2021 and is the first South Asian woman ever elected to office in the state, received 40.9%. The district covers a swath of Queens, including parts of Ridgewood, Glendale, Ozone Park, Woodhaven and Richmond Hill.
“Pro-Palestine candidates are sweeping in NYC tonight,” Jewish Voice for Peace Action wrote in a post on Instagram celebrating Orkin’s win Tuesday. “Palestine was on the ballot — and won. David will be a champion for Palestinian freedom in Albany.”
The post from JVP Action echoed a message Orkin had highlighted throughout his campaign.
“It’s so incredibly meaningful to me to be running this race as an anti-Zionist Jew, to be one of the few anti-Zionist Jewish voices that is in an elected seat in the state government,” Orkin said in an Instagram reel posted by Jewish Voice for Peace Action earlier this month.
He added that, if elected, he would be able to go in front of the state legislature and assert that “criticizing Israel for genocide, demanding an end to the occupation, demanding an end to funding war abroad is not antisemitic.”
Orkin’s victory came amid a strong night for democratic socialist candidates across New York City, including left-wing congressional candidates Brad Lander, Darializa Avila Chevalier and Claire Valdez, who also defeated establishment-backed opponents in their primaries.
While Orkin was not endorsed by New York City Mayor Zohran Mamdani, whose winning endorsements of Lander, Chevalier and Valdez signaled a pro-Palestinian lurch for the party in the city with the world’s largest Jewish population outside of Israel. Nonetheless, his victory elevated a self-described anti-Zionist to the ranks of New York’s elected officials at a time when debates over Israel have become increasingly prominent within Democratic politics.
While Israel-related issues were not listed on Orkin’s platform, which centered on affordability and immigration, he repeatedly expressed his support for a “free Palestine” and attacked Rajkumar’s record of support for the Jewish state during his campaign.
“In the past several years my opponent AM Rajkumar has walked in the Israel day parade but has said NOTHING against the war in Gaza, occupation of Palestine, or Islamophobic attacks faced by the people of New York,” Orkin wrote in a May post on X.
Rajkumar, who was a close political ally of former New York City Mayor Eric Adams, in her campaign platform vowed to combat antisemitism.
After establishing a Jewish Voice for Peace chapter in Tucson, Arizona, in 2014, Orkin remained involved in pro-Palestinian activism as a member of the anti-Zionist activist group.
“I’ve been involved in the Jewish Palestine Solidarity Movement for 12, 13 years,” Orkin told Democratic Left last month. “I’ve dedicated part [of my] life to making sure that Jewish people are creating religious spaces outside of Zionism, and to making more space for Palestinian organizing to have an impact.”
On the campaign trail, Orkin received a host of endorsements from prominent progressive groups and lawmakers, including Vermont independent Sen. Bernie Sanders, Democratic New York Rep. Alexandria Ocasio-Cortez, Jews for Racial and Economic Justice, JVP Action and NYC Democratic Socialists for America.
Rajkumar was endorsed by ActJew, the new nonprofit focused on combatting antisemitism, as well as the Queens Jewish Alliance and Assemblymembers Sam Berger, Kalman Yeger and Chuck Lavine.
Orkin received over $290,000 in campaign contributions for the election cycle, including over $156,000 from the office of the state comptroller, while Rajkumar received over $270,000, including $9,000 from health care executive Daniel Lowy.
“I have dedicated my life fighting for immigrants and workers, I am proud to have earned their support in this election, and I look forward to spending the rest of my life winning the beautiful and joyous lives we deserve,” Orkin said in a statement, according to QNS.
The post Jewish anti-Zionist David Orkin defeats incumbent in NY Assembly primary appeared first on The Forward.
