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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. 


The post Israeli democracy may not survive a ‘reform’ of its Supreme Court appeared first on Jewish Telegraphic Agency.

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Memoir of child of Holocaust survivors takes riveting twists

Book Review by Julie Kirsh (former Sun Media News Research Director)
Exclusive to The Jewish Post
“We used to Dream of Freedom, A Memoir of Family, the Holocaust, and the Stories We Don’t Tell”
By Sam Chaiton (Dundurn Press) 2024
Sam Chaiton’s memoir of growing up with Holocaust survivor parents in downtown Toronto in the 1950s is a compelling read.
Jeanne Beker, a well known Toronto fashion writer, mentions in her praise for “We used to Dream of Freedom” that her survivor parents talked incessantly about their war experiences.
My own parents, both survivors, would drop tidbits of their stories now and again. I learned to be watchful and vigilant for these rare moments of revelation. However, questioning my parents about the Holocaust, would cause them pain. I knew when to stand down.
In his memoir, Sam Chaiton tells the reader that his parents chose to remain completely silent about their wartime experiences. Poignantly their son was left with a silence that he interpreted as huge empty sound. Although the son could understand some Yiddish, his parents turned to Polish in order to keep the “kinder safe”. Outright denial of illness and death was part of his parents’ way of coping.
Born in the 1950s on Palmerston Boulevard in downtown Toronto, Chaiton paints a vivid picture of his youth as the middle son of five boys. He describes the mayhem of a household of barked orders and punishment by his father’s belt. His mother, as with many other survivors, was obsessed with eating and food. Chaiton learned early that rejecting his controlling mother’s food was one of his few weapons. “It’s hard not to do what a Holocaust survivor wants you to”, he says. Chaiton had to stare down two parents both with tattoos.
Dance proved to be a saving grace for Chaiton. On the dance floor, with a partner, the gates of happiness and permission to be oneself, opened. The Toronto Dance Theatre in Yorkville was a salvation and home for Chaiton. Also important to Chaiton was a family – not his troubled blood family but a chosen one – a commune.
In 1973, after a sojourn in New York, Chaiton decided that he was not a performance dancer. Back in Toronto as he pointedly danced with his mother at his brother’s wedding, she told him that he was her favourite child, imposing “the psychological damage that parental favouritism caused”.
Living in a commune with a chosen family afforded Chaiton the freedom to dig deep into his psyche, face his traumatic upbringing and tear down the rigid rules of society and the biological family. At a certain point, for reasons he explains in the book, Chaiton made the decision to vanish from the lives of his parents and brothers.
In 1980 the commune took up the cause of the injustice and illegal jailing of Rubin “Hurricane” Carter. Carter had been exonerated, released from prison and then reconvicted and sent back to prison.
In hindsight Chaiton wonders if his disengagement from his family caused them the same wounds and feelings of emptiness that Carter had to face when he was reincarcerated.
In 1985 while sitting in a New Jersey prison yard with friends and Carter, Chaiton had the riveting vision that he was in a concentration camp, “on a mission to liberate (his) parents – the dream of every Holocaust survivor’s child.”
In the summer of 1985, Chaiton received the news from Toronto that his parents were involved in a fatal car accident. Only after his mother’s death, was Chaiton able to acknowledge that in spite of her smothering, she gave him a sense of self worth and strength.
In 1988 Chaiton co-wrote the story of freeing Carter. One of his brothers saw him on a news broadcast, contacted him and the 20-year silence between Chaiton and his blood family was over.
Riding on the coattails of the successful release of Carter, Chaiton and some friends established an organization that continues to exist today. Innocence Canada has helped wrongfully convicted people like Guy Paul Morin, David Milgaard and Steven Truscott.
In chapter 16, entitled Wierzbnik, Chaiton finally learns about his father’s testimony published in a book, “Remembering Survival”, by a university professor. Reading about his father’s history helped Chaiton to understand the damage done to survivors, his parents’ trauma and why the home that they created for their sons after the war was so fraught.
Chaiton remarks on the interconnectedness of learning about the sufferings of his parents, his own personal struggles and the gift his father left him of being able to tell his own story.
Sam Chaiton’s profound memoir took courage and brutal honesty to write.
His book teaches that the legacy left by Holocaust survivors, along with a deep sadness, is the innate need of the children to persevere and find their own path of survival and growth.

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Obituaries

CAROL SLATER (née GENSER)

With great courage on Wednesday, November 6, 2024, surrounded by her family.

Treasured daughter of the late Esther and the late Percy. Beloved wife of Ron for 69 years. Loving mother and mother-in-law of Charles and Dina Slater, Erin and Joe Battat, Adam and Kit, Claudia and the late David. Cherished grandmother of Zach, Robert and Hydi, Ben and Martha, Liam and Addison, Thom and Emeline, Max, Ilai, Emanuelle and Eli. Proud great-grandmother of Rafael, Lily, Maya, and Jojo. Special sister and sister-in-law of David and Joan Genser, Roberta and Mayer Lawee; and sister-in-law of Joel and Sheila Slater. Greatly missed by her nieces, nephews, family, friends and by all who knew her.

The family would like to thank Drs. Shamy, Lipes, Chang, the doctors, nurses and staff at the Jewish General Hospital Palliative Care Unit as well as DeyDey, Linette and everyone who took such wonderful care of our Mom.

Funeral service from Paperman & Sons, 3888 Jean Talon St. W., on Sunday, November 10 at 9:30 a.m. Livestream available. Burial in Israel.

Donations in her memory may be made to the “Carol and Ron Scholarship” c/o Mothers Matter Canada 1-604-676-8250
Publish Date: Nov 9, 2024

CAROL SLATER

(née GENSER)


With great courage on Wednesday, November 6, 2024, surrounded by her family.
Treasured daughter of the late Esther and the late Percy. Beloved wife of Ron for 69 years. Loving mother and mother-in-law of Charles and Dina Slater, Erin and Joe Battat, Adam and Kitt, Claudia and the late David. Cherished grandmother of Zach, Robert and Hydi, Ben and Martha, Liam and Addison. Proud great-grandmother of Rafael, Lily, Maya, and Jojo. Special sister and sister-in-law of David and Joan Genser, Roberta and Mayer Lawee; and sister-in-law of Joel and Sheila Slater. Greatly missed by her nieces, nephews, family, friends and by all who knew her.
The family would like to thank Drs. Shamy, Lipes, Chang, the doctors, nurses and staff at the Jewish General Hospital Palliative Care Unit as well as DeyDey, Linette and everyone who took such wonderful care of our Mom.
Funeral service from Paperman & Sons, 3888 Jean Talon St. W., on Sunday, November 10 at 9:30 a.m. Live stream available. Burial in Israel.
Donations in her memory may be made to the “Carol and Ron Scholarship” c/o Mothers Matter Canada 1-604-676-8250

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Features

How to Implement a Successful Casino Marketing Strategy

Your casino stands out in your market and attracts interest. But does your audience know that? With effective marketing, you can transform your casino from an average competitor into a top industry player. We will show you proven strategies to boost your business now and in the future. And when you have proven strategies like insights from a High Roller online casinos review in Canada, the possibilities are endless.

1. Improve Visibility

With stiff competition among casinos, being easily found online is crucial. Discoverability measures how simple it is for people to find your casino.

Put yourself in the shoes of one of your guests looking for a casino. How easy is it to find yours? Try searching on different engines, checking reviews on travel sites, and looking for your casino on social media. See how often your casino appears and how well it ranks. Use tools like Moz and SEMrush to get a clear picture of your current visibility.

To increase your casino’s online visibility, there are a number of strategies you can try. First, try to create distinct landing pages for each key amenity at your casino. Incorporate relevant keywords, high-quality images, and engaging headlines.

You can also use search engine ads carefully. Follow Google’s guidelines by targeting approved countries. These include responsible gambling information on your landing pages and avoiding targeting minors. Check local regulations and test ads with relevant keywords.

Don’t forget to set up social media profiles on platforms your audience frequents. Engage in discussions about gaming, your casino, local news, and community events.

Optimize your content with keywords about your amenities, location, unique features, and events. Highlight what sets you apart so visitors can easily find you.

Use beacons or proximity marketing to attract nearby guests, especially when competing with other casinos. This helps target customers in the real world, not just online.

Form partnerships with local businesses, entertainers, event suppliers, and food vendors to boost your visibility and word of mouth.

2. Focus on Events and Group Business

Your casino offers more than gaming. You might have a luxury hotel, advanced technology, event spaces, a spa, and great restaurants. So, think about the whole picture in your marketing.

Casinos are great for big events like weddings, conferences, and reunions. Make sure your marketing targets these opportunities to attract them.

3. Identify the Jobs to Be Done

Marketers used to rely mainly on demographics, like age, income, and education, to predict behavior. Understanding audience behavior based on demographics is useful. For example, Anderson Digital notes that Boomers and Gen Xers spend 80% of their casino money on gaming and 20% on food and entertainment. In contrast, Millennials spend 30% on gaming and 70% on food, entertainment, and other services. To attract Millennial and Gen Z customers, focus on better entertainment, food options, online game components, and mobile marketing.

However, demographics alone don’t tell the whole story. For instance, knowing a group of women outside your casino are in their late 20s, college-educated, and have high-paying jobs is helpful. But, it doesn’t reveal their reasons for being there.

These women might be on a business trip with some free time, in town for a family reunion, or celebrating a bachelorette party. With just their demographic info, it’s hard to know their motivations, challenges, or needs.

This framework helps marketers understand why customers choose their products or services. Women at a casino for a bachelorette party are looking for a fun atmosphere with entertainment, food, and drinks. But if they’re there for work, they need a stress-free environment with good Wi-Fi, charging stations, and quiet spaces for meetings.

Understand what your audience wants and how they see your role. This helps you tailor your messaging, marketing, and offerings.

4. Create Positive Feedback Loops

Casinos attract customers with fun experiences like gaming, dining, and entertainment. By enhancing these positive feelings, you can boost your casino’s marketing success and encourage repeat visits.

Feedback loops happen when the result of an action is used to influence the action itself. For example, if a child makes a parent laugh, they’re likely to repeat the funny behavior to get more laughter.

Positive feedback loops make it more likely that the action will be repeated. Negative feedback loops make it less likely. You likely use positive feedback loops in your casino already. Guests who win are happy and want to play again. Those who have a bad experience are less likely to return.

You can enhance marketing by using feedback loops. After a positive experience, like winning or a great meal, encourage guests to refer others or leave reviews. If a guest uses a discount, offer another deal immediately. If your casino has a hotel, send emails encouraging future bookings right after positive experiences, like upgrades or enjoyable events.

Reply to positive feedback and reviews with invitations for future experiences. Make sure to also reward loyal customers with special offers and exclusive perks. Don’t forget to address negative feedback by turning it into a positive experience. 

5. Use Social Proof

People usually trust each other more than they trust your brand. They’re more likely to listen to recommendations from friends or online reviews than your own claims. 

To build trust, you need endorsements from others. Social proof means people tend to follow the actions of those they admire.

Show positive reviews on your website and social media. Record video testimonials from satisfied guests and winners. Encourage guests to share their experiences online and tag your casino. Keep an eye on reviews and respond to feedback. Set up a photo booth in the casino for guests to take winning photos. Display pictures and videos of recent winners on screens around the casino. Think about your audience’s motivations and where they get their information to find creative ways to use social proof.

6. Keep Up With Gaming Trends

Casinos are changing quickly. Online gaming, e-sports, and new tech like virtual and augmented reality are key. To stay competitive, casinos need to understand and use these trends.

As you create your casino marketing strategy, consider these key trends. E-sports are growing fast, so partnering with teams can help you reach new audiences. Virtual and AR are changing how guests experience gaming, making it more engaging from anywhere. Online casinos are becoming more popular with relaxed regulations. So, keep up with industry changes to stay competitive. Finally, as gaming tastes shift, staying updated on new trends will keep you ahead.

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