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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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Putin and Trump Do Not Support European-Ukrainian Temporary Ceasefire Idea, the Kremlin Says
Russian President Vladimir Putin delivers a speech during a session of the St. Petersburg International Economic Forum. Photo: Reuters/Maxim Shemetov
The Kremlin said on Sunday that Russian President Vladimir Putin and US President Donald Trump do not support a European-Ukrainian push for a temporary ceasefire ahead of a settlement, and that Moscow thinks Kyiv needs to make a decision on Donbas.
Kremlin foreign policy aide Yuri Ushakov said that a call between Putin and Trump lasted 1 hour and 15 minutes and took place at the request of Trump ahead of Trump’s meeting in Miami with Ukrainian President Volodymyr Zelenskiy.
“The main thing is that the presidents of Russia and the United States hold similar views that the option of a temporary ceasefire proposed by the Ukrainians and the Europeans under the pretext of preparing for a referendum or under other pretexts only leads to a prolongation of the conflict and is fraught with renewed hostilities,” Ushakov said.
Ushakov said that for hostilities to end, Kyiv needed to make a “bold decision” in line with Russian-US discussions on Donbas.
“Given the current situation on the fronts, it would make sense for the Ukrainian regime to make this decision regarding Donbas.”
Russia, which controls 90 percent of Donbas, wants Ukraine to withdraw its forces from the 10 percent of the area that Kyiv’s forces still control. Overall, Russia controls about a fifth of Ukraine.
Trump has repeatedly promised to end the deadliest conflict in Europe since World War Two and his envoy Steve Witkoff and son-in-law Jared Kushner have been negotiating with Russia, Ukraine and European powers.
Ukraine and its European allies are worried that Trump could sell out Ukraine and leave European powers to foot the bill for supporting a devastated Ukraine after Russian forces took 12-17 square km (4.6-6.6 square miles) of Ukraine per day in 2025.
“Donald Trump listened attentively to Russian assessments of the real prospects for reaching an agreement,” Ushakov said.
“Trump persistently pursued the idea that it was really necessary to end the war as soon as possible, and spoke about the impressive prospects for economic cooperation between the United States and Russia and Ukraine that were opening up,” Ushakov said.
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Zelensky to Meet Trump in Florida for Talks on Ukraine Peace Plan
FILE PHOTO: U.S. President Donald Trump welcomes Ukraine’s President Volodymyr Zelenskiy at the White House in Washington, D.C., U.S., October 17, 2025. REUTERS/Jonathan Ernst/File Photo
Ukrainian President Volodymyr Zelensky and US President Donald Trump will meet in Florida on Sunday to forge a plan to end the war in Ukraine, but face differences over major issues, including territory, as Russian air raids pile pressure on Kyiv.
Russia hit the capital and other parts of Ukraine with hundreds of missiles and drones on Saturday, knocking out power and heat in parts of the capital. On Saturday, during a meeting with Canadian Prime Minister Mark Carney in Nova Scotia, Zelensky called it Russia’s response to the US-brokered peace efforts.
Zelensky has told journalists that he plans to discuss the fate of eastern Ukraine’s contested Donbas region during the meeting at Trump’s Florida residence, as well as the future of the Zaporizhzhia nuclear power plant and other topics.
The Ukrainian president and his delegation arrived in Florida late on Saturday, Ukraine’s Deputy Foreign Minister Serhiy Kyslytsya said on X.
RUSSIA CLAIMS MORE BATTLEFIELD ADVANCES
Moscow has repeatedly insisted that Ukraine yield all of the Donbas, even areas still under Kyiv’s control, and Russian officials have objected to other parts of the latest proposal, sparking doubts about whether Russian President Vladimir Putin would accept whatever Sunday’s talks might produce.
Putin said on Saturday Moscow would continue waging its war if Kyiv did not seek a quick peace. Russia has steadily advanced on the battlefield in recent months, claiming control over several more settlements on Sunday.
The Ukrainian president told Axios on Friday he hopes to soften a US proposal for Ukrainian forces to withdraw completely from the Donbas. Failing that, Zelensky said the entire 20-point plan, the result of weeks of negotiations, should be put to a referendum.
A recent poll suggests that Ukrainian voters may reject the plan.
Zelensky’s in-person meeting with Trump, scheduled for 1 p.m. (1800 GMT), follows weeks of diplomatic efforts. European allies, while at times cut out of the loop, have stepped up efforts to sketch out the contours of a post-war security guarantee for Kyiv that the United States would support.
On Sunday, ahead of his meeting with Trump, Zelensky said he held a detailed phone call with British Prime Minister Keir Starmer.
Trump and Zelensky were also expected to hold a phone call with European leaders during their Florida meeting, a spokesperson for the Ukrainian president said on Sunday.
STICKING POINTS OVER TERRITORY
Kyiv and Washington have agreed on many issues, and Zelensky said on Friday that the 20-point plan was 90% finished. But the issue of what territory, if any, will be ceded to Russia remains unresolved.
While Moscow insists on getting all of the Donbas, Kyiv wants the map frozen at current battle lines.
The United States, seeking a compromise, has proposed a free economic zone if Ukraine leaves the area, although it remains unclear how that zone would function in practical terms.
It has also proposed shared control over the Zaporizhzhia nuclear power plant, where power line repairs have begun after another local ceasefire brokered by the International Atomic Energy Agency, the agency said on Sunday.
Zelensky, whose past meetings with Trump have not always gone smoothly, worries along with his European allies that Trump could sell out Ukraine and leave European powers to foot the bill for supporting a devastated nation, after Russian forces took 12 to 17 square km (4.6-6.6 square miles) of its territory per day in 2025.
Russia controls all of Crimea, which it annexed in 2014, and since its invasion of Ukraine nearly four years ago has taken control of about 12 percent of its territory, including about 90 percent of Donbas, 75 percent of the Zaporizhzhia and Kherson regions, and slivers of the Kharkiv, Sumy, Mykolaiv and Dnipropetrovsk regions, according to Russian estimates.
Putin said on December 19 that a peace deal should be based on conditions he set out in 2024: Ukraine withdrawing from all of the Donbas, Zaporizhzhia and Kherson regions, and Kyiv officially renouncing its aim to join NATO.
Ukrainian officials and European leaders view the war as an imperial-style land grab by Moscow and have warned that if Russia gets its way with Ukraine, it will one day attack NATO members.
The 20-point plan was spun off from a Russian-led 28-point plan, which emerged from talks between U.S. special envoy Steve Witkoff, Trump’s son-in-law Jared Kushner and Russian special envoy Kirill Dmitriev, and which became public in November.
Subsequent talks between Ukrainian officials and U.S. negotiators have produced the more Kyiv-friendly 20-point plan.
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Central African Republic Votes, Russia Ally Touadera Seeks Third Term
People wait to cast their vote at a polling station during the presidential election in Bangui, Central African Republic, December 28, 2025. Photo: REUTERS/ Leger Serge Kokpakpa
Central African Republic President Faustin-Archange Touadera is seeking a third term on Sunday as the chronically unstable country holds national elections, touting security gains made with the help of Russian mercenaries and Rwandan soldiers.
The 68-year-old mathematician oversaw a constitutional referendum in 2023 that scrapped the presidential term limit, drawing an outcry from his critics who accused him of seeking to rule for life.
A Touadera victory – the expected outcome – would likely further the interests of Russia, which has traded security assistance for access to resources including gold and diamonds. Touadera is also offering access to the country’s lithium and uranium reserves to anyone interested.
Polling stations opened on time at 6 a.m. (0500 GMT) in the capital, Bangui, a Reuters witness said. They were due to close at 6 p.m. (1700 GMT), with provisional results expected by January 5. Nearly 2.4 million people were registered to vote.
Casting her ballot in Bangui, shopkeeper Beatrice Mokonzapa said women had “suffered greatly” during Central African Republic’s years of conflict but that the situation had improved.
“We have security today. I hope it continues. And for that, President Touadera is best placed to guarantee our security,” she said.
SIX OPPONENTS CHALLENGE TOUADERA
The opposition field of six candidates is led by two former prime ministers, Anicet-Georges Dologuele and Henri-Marie Dondra, both of whom survived attempts by Touadera’s supporters to have them disqualified for allegedly holding foreign citizenship.
Though both men remain on the ballot, Touadera is still seen as the favorite given his control over state institutions and superior financial resources, analysts say.
In an interview with Reuters on Wednesday, Dondra said the playing field was “unbalanced” and that he had been unable to travel as widely as Touadera to campaign. He nevertheless predicted he would have a strong showing.
The challenges to the candidacies of Dologuele and Dondra “aligned with an apparent pattern of administrative manoeuvring that has disproportionately impeded opposition politicians while favouring the ruling United Hearts Party,” Human Rights Watch said last month.
Voting in the capital early on Sunday, teacher Albert Komifea said he wanted a change, without specifying who he had backed.
“They did everything they could to prevent the opposition from campaigning effectively, in order to reduce their chances,” he said. “But the ballot box will confirm that change is now.”
RUSSIA AND RWANDA REINFORCE TOUADERA
In 2018, CAR became the first country in West and Central Africa to bring in Russia’s Wagner mercenaries, a step since also taken by Mali, Burkina Faso and Niger.
Two years later, Rwanda deployed troops to shore up Touadera’s government as rebel groups threatened the capital and tried to disrupt the 2020 elections, ultimately preventing voting at 800 polling stations across the country, or 14% of the total.
The country is more secure now after Touadera signed several peace deals with rebel groups this year.
But those gains remain fragile: Rebels have not fully disarmed, reintegration is incomplete, and incursions by combatants from neighboring Sudan fuel insecurity in the east.
Beyond the presidential contest, the elections on Sunday cover legislative, regional and municipal positions.
If no candidate gets more than 50% of the vote, a presidential runoff will take place on February 15, while legislative runoffs will take place on April 5.
Pangea-Risk, a consultancy, wrote in a note to clients that the risk of unrest after the election was high as opponents were likely to challenge Touadera’s expected victory.
A smooth voting process could reinforce Touadera’s claim that stability is returning, which was buttressed last year with the U.N. Security Council’s lifting of an arms embargo and the lifting of a separate embargo on diamond exports.
In November, the U.N. Security Council extended the mandate of its peacekeeping mission. The US opposed the decision, calling for a shorter extension and a handover of security to Bangui.