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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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French Jewish Community Marks 20 Years Since Ilan Halimi’s Brutal Murder
A crowd gathers at the Jardin Ilan Halimi in Paris on Feb. 14, 2021, to commemorate the 15th anniversary of Halimi’s kidnapping and murder. Photo: Reuters/Xose Bouzas/Hans Lucas
France’s Jewish community on Tuesday commemorated the 20th anniversary of the death of Ilan Halimi, a young Jewish man who was brutally tortured to death, as his memory continues to be defaced amid a rising tide of antisemitism threatening Jews and Israelis across the country.
“Twenty years on, Ilan Halimi’s memory still needs to be protected and honored, yet it continues to come under attack, as recent vandalism at his memorial site shows,” the Representative Council of Jewish Institutions of France (CRIF) — the main representative body of French Jews — wrote in a post on X.
“Antisemitism remains a persistent threat in France today,” the statement read.
Le 20 janvier 2006 marque l’enlèvement et le début de la séquestration d’Ilan Halimi, 23 ans, parce qu’il était Juif.
20 ans plus tard, alors que la mémoire d’Ilan Halimi doit être protégée et honorée, elle continue d’être atteinte, comme l’ont montré les récents actes de… pic.twitter.com/Htu9ntMHhq
— CRIF (@Le_CRIF) January 20, 2026
Last week, another olive tree planted to honor Halimi’s memory was vandalized and cut down, as French authorities continue efforts to replant trees in remembrance of the young Jewish man who was murdered in 2006.
“We will bring those responsible to justice,” French Interior Minister Laurent Nunez wrote in a post on X. “Our collective outrage is matched only by our unwavering determination to combat antisemitic and anti-religious acts that continue to tarnish the memory of an innocent man.”
This latest antisemitic act came after a plaque honoring Halimi was vandalized in Cagnes-sur-Mer, a town in southeastern France, prompting local authorities to open an investigation for “destruction and antisemitic damage.”
According to local reports, a 29-year-old man with no prior criminal record has been arrested. While he admitted to the acts, he denied any antisemitic motive and is now awaiting trial.
Last year, a tree planted in memory of Halimi was also vandalized and cut down in Épinay-sur-Seine, a suburb north of Paris.
Two Tunisian twin brothers were arrested and convicted for cutting down the tree, but were acquitted of the antisemitism charges brought against them.
Both of them were sentenced to eight months in prison, but one of them received a suspended sentence, meaning he will not serve time unless he commits another offense or violates certain conditions.
According to local media, one of the brothers has reportedly been deported from France.
Halimi was abducted, held captive, and tortured in January 2006 by a gang of about 20 people in a low-income housing estate in the Paris suburb of Bagneux.
Three weeks later, Halimi was found in Essonne, south of Paris, naked, gagged, and handcuffed, with clear signs of torture and burns. The 23-year-old died on the way to the hospital.
In 2011, French authorities planted the first olive tree in Halimi’s memory. However, the young Jewish boy’s memory has faced attacks before, with two other trees planted in his honor vandalized in 2019 in Essonne, where he was found dying near a railway track.
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Mourner’s Kaddish for Bondi Beach victims recited in Australian parliament as tougher hate crime laws pass
(JTA) — A Jewish member of Australian Parliament recited the Mourner’s Kaddish in an address Monday to honor the victims of the Hanukkah massacre on Bondi Beach.
The address, delivered by Jewish parliamentarian and former attorney general Mark Dreyfus, came over a month after two gunmen motivated by what authorities said was “Islamic State ideology” opened fire on a celebration in Sydney, killing 15 and injuring dozens more. Most of the victims were Jewish, and Dreyfus read all of their names aloud.
Dreyfus, who wore a kippah for the presentation, then commended the “acts of extraordinary courage” by bystanders and emergency workers during the attack, naming Ahmed al-Ahmed, the Muslim man who received widespread support from the Jewish community after he was shot while disarming one of the attackers. He also told the Australian House of Representatives that the country’s “response cannot be confined to grief,” exhorting his fellow lawmakers to take action around “upholding our laws against hate.”
Then he invited everyone present to rise for the Mourner’s Kaddish, recited in Jewish communities in memory of the dead.
“You don’t have to be Jewish to feel this in your chest, an attack like this hurts all of us,” Dreyfus said, describing the prayer as “a prayer about life, dignity and the hope for peace at times of profound loss.”
The public recitation was redolent of the decision of the Pittsburgh Post-Gazette to publish the Hebrew text of the prayer on its front page following the murder of 11 Jews in their synagogue there in 2018.
https://www.instagram.com/p/DTtw-r7Dehs/?hl=en
Late Tuesday, Australia’s parliament passed anti-hate speech and gun reform bills initiated in the wake of the attack. The gun reform bill included new checks on firearm license applications and a national gun buy-back program, while the anti-hate speech bill banned hate groups and imposed penalties for preachers who promote hate.
The hate speech component won support from liberal lawmakers who said they had free-speech concerns after it was weakened from its initial version.
“The terrorists at Bondi Beach had hatred in their hearts and guns in their hands,” wrote Prime Minister Anthony Albanese in a post on X. “Today we passed new laws that deal with both. Combatting antisemitism and cracking down on guns.”
The new laws come as Australia grapples with another searing antisemitic incident. Late in the day on Monday, five Jewish teenagers in Melbourne were chased for several minutes by a car whose occupants chanted “Heil Hitler” and performed Nazi salutes at them.
The boys, aged 15 and 16 and easily identifiable as Orthodox Jews, were walking home from Adass High School when the incident occurred in the proximity of Adass Israel Synagogue, which was firebombed in December 2024. No arrests were immediately made.
“The antisemitic hate incident last night in St Kilda targeting young Jewish boys has no place in our country,” Albanese in a statement, according to The Australian. “At a time when Australians are joining with the Jewish community in sorrow and solidarity, it is beyond disgusting to see these cowards shouting Nazi slogans at young people.”
The post Mourner’s Kaddish for Bondi Beach victims recited in Australian parliament as tougher hate crime laws pass appeared first on The Forward.
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Number of UK Schools Marking Holocaust Has Dropped by Nearly 60% Since Oct. 7 Massacre
Tens of thousands joined the National March Against Antisemitism in London, Nov. 26, 2023. Photo: Tayfun Salci/ZUMA Press Wire via Reuters Connect
The number of British schools commemorating the Holocaust has plummeted by nearly 60 percent following the Palestinian terrorist group Hamas’s Oct. 7, 2023, invasion of southern Israel.
Since Hamas-led Palestinian terrorists perpetrated the largest single-day massacre of Jews since World War II, the number of secondary schools across the UK signed up for events commemorating Holocaust Remembrance Day, which takes place annually on Jan. 27, dropped to fewer than 1,200 in 2024 and 854 in 2025, according to data from the Holocaust Memorial Day Trust.
The figure had been rising each year since 2019, reaching more than 2,000 secondary schools in 2023.
There are about 4,200 secondary schools in the UK.
Sir Ephraim Mirvis, chief rabbi of the UK, commented on the figures in an essay published in The Sunday Times, expressing alarm about an increasingly hostile environment for the British Jewish community.
“I fear for what will happen this year,” Mirvis wrote. “For if we cannot teach our children to remember the past with integrity and resolve, then we must ask ourselves what kind of future they will inherit.”
Mirvis urged readers to put themselves in the shoes of a UK teacher preparing a Holocaust memorial event. “Now imagine that as you begin to organize such an event, you learn that some parents of pupils at your school are unhappy about it,” he added. “One of the claims that Holocaust education is a form of “propaganda”; another insists that the event must not go ahead unless it also highlights the awful suffering of Palestinians in Gaza.”
Karen Pollock, chief executive of the Holocaust Educational Trust, described to The Times how some students “arrive in the classroom with views shaped by social media trends rather than evidence.”
The European Jewish Congress (EJC) released a statement on Monday reflecting on the drop in UK schools recognizing the Holocaust.
“Holocaust Memorial Day is not about politics. It is about memory, responsibility, and education. It exists to honor the 6 million Jews murdered in the Holocaust and to remind future generations of the consequences of hatred, indifference, and extremism,” the EJC stated. “Avoiding commemoration out of fear of controversy undermines the very purpose of education. When remembrance becomes optional, memory itself becomes fragile.”
The EJC continued, “Now is precisely the moment when Holocaust education matters most: when misinformation spreads easily, when antisemitism is openly visible, and when fewer survivors remain to bear witness. Schools play a vital role in preserving this memory, not only for Jewish communities, but for society as a whole.”
Dwindling commemoration of the Holocaust comes amid a steep surge in antisemitism across the UK.
The Community Security Trust (CST) — a nonprofit charity that advises Britain’s Jewish community on security matters — recorded 1,521 antisemitic incidents from January to June this year. This was the second-highest number of antisemitic crimes ever recorded by CST in the first six months of any year, following 2,019 incidents in the first half of 2024.
In total last year, CST recorded 3,528 anti-Jewish hate crimes — the country’s second worst year for antisemitism, despite an 18 percent drop from 2023’s record of 4,296.
“When a trigger event such as the Oct. 7 attack occurs, antisemitic incidents initially spike to a record peak; then gradually recede until they plateau at a higher level than before the original trigger event occurred,” CST stated.
These figures juxtapose with 1,662 antisemitic incidents in 2022, 2,261 in 2021, and 1,684 in 2020.
The struggles of the UK’s educational establishment to counter the rising antisemitism problem mirror the ongoing challenges confronted by its medical institutions.
In November, UK Health Secretary Wes Streeting called it “chilling” that some members of the Jewish community fear discrimination within the NHS, amid reports of widespread antisemitism in Britain’s health-care system.
The comments came weeks after British Prime Minister Keir Starmer unveiled a new plan to address what he described as “just too many examples, clear examples, of antisemitism that have not been dealt with adequately or effectively” in the country’s National Health Service (NHS).
One notable case drawing attention involved Dr. Rahmeh Aladwan, a trainee trauma and orthopedic surgeon, who police arrested on Oct. 21, charging her with four offenses related to malicious communications and inciting racial hatred. In November, she was suspended from practicing medicine in the UK over social media posts denigrating Jews and celebrating Hamas’s terrorism.
Other incidents in the UK included a Jewish family fearing their London doctor’s antisemitism influenced their disabled son’s treatment. The North London hospital suspended the physician who was under investigation for publicly claiming that all Jews have “feelings of supremacy” and downplaying antisemitism.