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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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The Yiddishist Yeshiva is open for registration
ס׳האָט זיך לעצטנס געשאַפֿן אַ נײַער סאָרט לייענקרײַז דורך פֿייסבוק, וווּ מע לערנט תּורה אויף ייִדיש צוזאַמען.
אינעם לייענקרײַז, וואָס הייסט „די ייִדישיסטישע ישיבֿה“, לייענט מען חומש מיט רש״י — סײַ אויפֿן אָריגינעלן לשון־קודש סײַ אויף ייִדיש־טײַטש. „די גרופּע איז אָפֿן פֿאַר אַלע מינים מענטשן,“ האָט דערקלערט דער לינגוויסט און ייִדיש־אַקטיוויסט לייזער בורקאָ, וועלכער האָט אָרגאַניזירט די גרופּע. „פֿרויען און מענער, ייִדן און נישט־ייִדן, געי און ׳גלײַך׳. נײַע תּלמידים דאַרפֿן פֿאַרשטיין ייִדיש גוט, אָבער זיי דאַרפֿן נישט האָבן קיין תּורהדיקן הינטערגרונט.“
די גרופּע טרעפֿט זיך יעדן דינסטיק דורך פֿייסבוק. נאָך מער פּרטים אָדער כּדי זיך צו פֿאַרשרײַבן, שטעלט זיך אין קאָנטאַקט מיט בורקאָ, אויפֿן אַדרעס leyzertag@gmail.com אָדער דורך פֿייסבוק.
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A century-old Jerusalem photo album sparks search for forgotten images of the Western Wall
(JTA) — When David Freedman discovered a long-forgotten photo album in his parents’ Montreal basement last year, he found nearly 100 pages of century-old photographs from his grandfather’s year in British Mandate Palestine, capturing Jerusalem street scenes, market stalls and holy sites.
The photographs were not only century-old and in near-perfect condition, but included figures who would later become central to Jewish medical and political history, among them Israel’s future first president Chaim Weizmann, Jerusalem ophthalmologist Abraham Ticho, malaria researcher Israel Kligler, future British prime minister Winston Churchill and Herbert Samuel, Britain’s first high commissioner for Palestine.
David Freedman said he knew he had “struck gold” when he found the album, which had been untouched for decades. “I realized in disbelief I was looking at extraordinary images of Jerusalem,” he said.
Though Freedman said the album showed his grandfather’s “passion for skillful, impromptu photography,” it was images of a site that epitomizes endurance that are having the broadest impact.
Freedman’s pictures of the Western Wall has inspired a public appeal by the Tower of David Jerusalem Museum, which is asking people to look through old albums and attics for photographs, postcards and other visual material that could help expand the historical record of Judaism’s holiest site.
The request comes ahead of a major exhibition opening in 2027 marking 60 years since the 1967 Six-Day War brought the wall, known in Hebrew as the Kotel, under Jewish control for the first time in nearly two millennia.
Although the Western Wall is now one of the most photographed sites in the world, museum curators say the visual record of earlier decades remains surprisingly fragmented, with many of the most intimate images likely still tucked away in private collections and family albums.
“The Western Wall, the Kotel, in its simplest form, is a structure of ancient stones. Yet its true meaning has never resided in the stones alone — it has been shaped and elevated by the countless individuals who have stood before it over the centuries,” Eilat Lieber, the museum’s director and chief curator, said in a statement.
Next year’s exhibition, titled “Eyes on the Wall” and curated by Shimon Lev and Yael Brandt, will be the first large-scale exhibition dedicated entirely to the Western Wall, the museum said, and will trace its transformation over nearly 2,000 years. It will be one of the major exhibitions staged by the Tower of David Museum since it reopened in 2023 after a $50 million renovation of its ancient citadel complex.
The wall, the exposed section of an ancient retaining wall around the Temple Mount, the site of the biblical Jewish temples, has long been Judaism’s most sacred places of prayer and pilgrimage. From 1948 until the 1967 Six-Day War, when Israel captured the Old City and East Jerusalem from Jordan, Jews were barred from going there.
Among its most iconic images was David Rubinger’s photograph of three Israeli paratroopers standing at the wall shortly after its capture, looking upward in a mixture of awe and disbelief. The picture was taken 59 years ago this week.
Abraham Orkin Freedman, a Canadian physician and Zionist activist, took his photographs before the site was so contested. He arrived in Palestine in July 1920, just as Britain was replacing military rule with a civil administration, and stayed until 1922, serving during that period as managing director of Hadassah Hospital. His grandson David, also a doctor, said the album’s timing gives it much of its historical value, with photographs that capture people in the streets, as well as the terrain and buildings of Jerusalem during the nascent years of the British Mandate.
Among the images Freedman uncovered, the one that struck him most was a photograph of women praying side by side with men at the oldest part of the Western Wall, a scene far removed from the gender-separated prayer sections at the site today. The question of mixed-gender prayer at the Wall remains politically charged, with a recent High Court order to advance the egalitarian section followed by Knesset moves to strengthen Chief Rabbinate control over prayer at the site.
After recognizing the album’s significance, Freedman met with his family who decided collectively to give it to the Tower of David Jerusalem Museum for safekeeping, research and public access. Freedman said the family was proud the album had found “a new home, not many meters from where my grandfather once stood.”
Lev said he hoped the appeal would bring more discoveries like Freedman’s into public view, expanding the visual record of the Western Wall beyond official archives.
“There is something profoundly moving in the moment when an intimate private photograph transcends its original purpose and becomes an important historical testimony,” Lev said.
This article originally appeared on JTA.org.
The post A century-old Jerusalem photo album sparks search for forgotten images of the Western Wall appeared first on The Forward.
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5th man charged in March arson of London’s Hatzola ambulances
(JTA) — Britain’s Crown Prosecution Service announced Tuesday that an 18-year-old man has been charged in connection with the March arson attack that destroyed four ambulances owned by Hatzola, a Jewish volunteer emergency service.
Subhan Ahmed, a British national, was charged on Monday with “assisting an offender” in connection with the arson.
The ambulances were set ablaze in the early morning of March 23 in Golders Green, a heavily Jewish neighborhood in London. The incident spurred increased patrols in Jewish communities.
The charge is the latest development in an investigation being led by the Metropolitan Police’s counter-terrorism unit.
Four others have already been charged in connection with the attack.
Three British nationals — 20-year-old Hamza Iqbal, 19-year-old Rehan Khan and 18-year-old Judex Atshatshi — along with a 17-year-old dual British and Pakistani national were all charged in April with “committing arson, destroying or damaging property, and being reckless as to whether life would be endangered.”
The four have remained in custody ahead of a trial planned for January. Ahmed, meanwhile, was released ahead of a June 16 court date.
The ambulance arsons came at the early edge of a wave of incidents that have put London Jews on edge and induced the city’s police force to step up their presence in Jewish communities. The incidents have included multiple incendiary devices placed near synagogues as well as the stabbing in April of two Jewish men in Golders Green. The Metropolitan Police reported last week that antisemitic hate crimes in the capital rose 72% in May.
Following the announcement of Ahmed’s charge, the Community Security Trust, a Jewish organization, thanked the police and the Crown Prosecution Service “for their ongoing work investigating this attack and other arson incidents targeting the Jewish community.”
It added in a statement, “These are very serious allegations, and it is right that those responsible are being held accountable.”
This article originally appeared on JTA.org.
The post 5th man charged in March arson of London’s Hatzola ambulances appeared first on The Forward.
