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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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Majority of House Democrats vote to defeat Lebanon war powers measure
(JTA) — A House resolution aimed at preventing U.S. involvement in hostilities in Lebanon failed Thursday.
Rep. Rashida Tlaib, a Michigan Democrat and fierce critic of Israel, forced a vote on the House floor Thursday. It was defeated 324 to 92, with 91 Democrats voting in favor. The sole Republican vote came from Kentucky Rep. Thomas Massie, who will be departing Congress next year after losing his primary.
The resolution, which would have ordered President Donald Trump to remove U.S. troops from Lebanon within seven days, was defeated after Democratic Party leaders noted in a joint statement that there are “no U.S. servicemembers involved in combat operations or hostilities in Lebanon.”
The statement issued by House Minority Leader Hakeem Jeffries, Minority Whip Katherine Clark and Caucus Chair Pete Aguilar continued: “We stand with the Lebanese people, the government of Lebanon and the Lebanese Armed Forces in their efforts to live peacefully and defeat Hezbollah, a violent terrorist organization that is a sworn enemy of the United States.”
Jewish Democratic Reps. Jerrold Nadler and Dan Goldman of New York also voted “no” on the resolution, writing in a joint press release that their opposition “should not be taken as an approval of Prime Minister Netanyahu’s prosecution of Israel’s military action in Lebanon.”
“To the extent that American armed forces are present in Lebanon, it is to support the current Lebanese government, which deserves our assistance,” the statement continued.
But Tlaib defended her resolution in a post on X Thursday ahead of the vote. “The people of Lebanon can’t wait another month for Congress to act,” Tlaib wrote. “Every day that we do nothing, 11 more Lebanese children are killed or injured by the Israeli military in this U.S.-supported invasion. Congress must pass today’s Lebanon War Powers Resolution.”
Tlaib was citing a UNICEF report of data from Lebanon’s Ministry of Public Health last month that found 77 children in Lebanon had been killed over the course of a week as Israeli strikes continued to pummel the country.
Some of those who opposed Tlaib’s resolution, including Nadler and Goldman, said they would vote for an alternative version of the resolution that would preserve cooperation with the Lebanese Armed Forces in their fight against Hezbollah.
The defeat of the resolution came the same day that Hezbollah rejected the latest ceasefire agreement brokered between Israel and Lebanon, as fighting between the Iranian proxy and Israel has intensified in recent weeks.
On Wednesday, the House narrowly passed a resolution for the first time that would limit President Donald Trump’s power to continue the war in Iran. While the development was largely symbolic, it marked a rebuke of the president’s increasingly unpopular strategy in Iran.
On Friday, 85 members of Congress also signed onto a letter to Secretary of State Marco Rubio calling on the Trump administration to “use every available diplomatic tool to halt imminent settlement construction in the E-1 area of the West Bank,” a corridor east of Jerusalem.
Citing Israeli Finance Minister Bezalel Smotrich’s orders to demolish a Palestinian Bedouin village in the West Bank last month, the letter, which was led by Democratic Reps. Mark Pocan and Jan Schakowsky, who is Jewish, argued that the issue of settlements in the area had reached a “critical and final inflection point.”
“The window for meaningful diplomatic intervention is closing rapidly, and we believe it is not too late for the United States to act,” read the letter, which was also signed by Nadler and Jewish Tennessee Rep. Steve Cohen.
This article originally appeared on JTA.org.
The post Majority of House Democrats vote to defeat Lebanon war powers measure appeared first on The Forward.
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After years of hostile relations with Israel, Slovenia’s new prime minister signals diplomatic reset
(JTA) — Less than an hour after Slovenia’s newly elected prime minister, Janez Janša, was sworn into office by the country’s parliament, he had the Palestinian flag lowered from a government building.
The move marked the first step in a sharp reorientation of Slovenia’s posture towards Israel under Janša. The right-leaning prime minister, who previously held office in 2022, replaced a prime minister for the liberal Freedom Movement party.
Israeli Foreign Minister Gideon Saar announced on Thursday that Israel would open its first-ever embassy in Ljubljana, Slovenia’s capital, writing in a post on X that the move was a statement of “friendship, dialogue, and a shared belief in freedom, democracy, and security.”
“The election of Prime Minister @JJansaSDS marks a new chapter in relations between Israel and Slovenia,” Saar wrote. “After years of the hostility of the previous government- we now have an opportunity to rebuild, strengthen, and deepen a real partnership.”
Saar wrote in another post on X that he had spoken with Tone Kajzer, who was appointed as Slovenia’s minister of foreign affairs under the new administration, and that he had “pledged all the assistance necessary” to ensure the “swift establishment” of the embassy.
Janša replied to Saar’s post Thursday, writing, “Welcome to Ljubljana. 🇸🇮🇮🇱Looking forward to a new era in Slovenia-Israel relations.”
Under Slovenia’s outgoing prime minister, Robert Golob, the country voted to recognize a Palestinian state in June 2024 and became one of the few European Union countries to label Israel’s war in Gaza a “genocide,” a charge Israel firmly rejects. It was one of five nations to boycott the Eurovision song contest this year over Israel’s participation.
Last year, Slovenia also became the first EU country to impose a travel ban on Israeli Prime Minister Benjamin Netanyahu, as well as far-right ministers Itamar Ben Gvir and Bezalel Smotrich.
For the country’s Jewish population, which numbers just 100, the spate of anti-Israel measures adopted by the former government contributed to a growing sense of isolation in the country.
But now, Janša, an admirer of President Donald Trump and an ally of former Hungarian Prime Minister Viktor Orbán, appears eager to reset relations with Israel.
On Friday, days after an Israeli passenger plane was denied entry to the country by Slovenian authorities in a protest against the Israeli government, Slovenian politician Jernej Vrtovec announced that the airline Israir had “once again been granted authorization to operate flights between Tel Aviv and Ljubljana.”
“The time has come for a responsible Slovenian 🇸🇮foreign policy based on facts, Slovenian national interests and international law,” Janša wrote in a post on X. He added that the “politically and economically harmful period of government support for activist anti-Semitism” had ended.
This article originally appeared on JTA.org.
The post After years of hostile relations with Israel, Slovenia’s new prime minister signals diplomatic reset appeared first on The Forward.
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Israel gives in to the politics of debasement
A small episode this week crystallized the broader pathology of Israeli Prime Minister Benjamin Netayahu more clearly than any grand speech or ideological argument ever could: the Knesset vote for state comptroller, one of the most sensitive institutional positions in Israeli public life.
In Israel, the 120 members of the Knesset elect the comptroller by secret ballot. The office audits government ministries, investigates failures of governance, oversees public integrity, and possesses enormous influence over public accountability. In the aftermath of the Hamas attack of Oct. 7, 2023, and the Gaza war, the role carries even greater significance. The comptroller may shape future investigations into catastrophic national failures and wartime decision-making.
This week — in a move straight out of United States President Donald Trump’s playbook — Netanyahu nominated his longtime personal lawyer, Michael Rabello, for the role.
Historically, the comptroller’s office has been occupied by senior judges, jurists, or respected public servants with reputations for independence. Figures such as Miriam Ben-Porat, Eliezer Goldberg, and Micha Lindenstrauss embodied a certain ethos: they were stern institutional guardians standing somewhat above partisan warfare.
The idea of placing the prime minister’s own attorney into the country’s central oversight institution struck many Israelis as grotesquely inappropriate.
Yet the truly astonishing part came during the voting itself, in which the opposition candidate was a former justice on the Supreme Court — an institution Netanyahu’s coalition has long vilified. The first round reportedly revealed substantial defections among Netanyahu’s coalition. His preferred candidate fell short. Panic spread.
Suddenly, allegations and reports emerged that coalition lawmakers were being encouraged to photograph or film their ballots in order to prove their loyalty. There was a pause in the proceedings as the Knesset speaker, Likud’s Amir Ohana, received legal advice to not allow phones in the voting area. He restarted the vote anyway. Israeli media filled with coalition lawmakers posting images of themselves voting the right way. The images and reports were the excruciating stuff of banana republics.
I cannot recall ever seeing a similar scene in a functioning democracy. Rabello was elected.
Secret ballots exist precisely because democracies understand that free voting collapses when superiors can verify obedience. The entire purpose of ballot secrecy is to protect individuals from coercion, intimidation, retaliation and patronage systems.
Modern democracies adopted secret ballots in the nineteenth century to break the power of bosses, landlords, oligarchs, and political machines that demanded proof of loyalty.
The blatant violation of these norms by Netanyahu’s coalition helps explain why so many Israelis react to him not merely with opposition, but with exhaustion, fury, and moral revulsion.
It’s not just the corruption trials, the permanent manipulation, the serial falsehoods, the failed strategic assumptions about Hamas, the relentless cultivation of tribal resentment, the attacks on state institutions, the politics of personal loyalty and the transformation of every disagreement into an existential struggle between patriots and traitors. It’s the cumulative exhaustion of watching every institutional norm eventually be subordinated to the most vulgar politics imaginable.
The episode revealed something larger than one parliamentary scandal: the culture Netanyahu has spent years cultivating. It is a system organized increasingly around personal allegiance rather than institutional responsibility. A political environment in which independent judgment becomes suspicious, dissent becomes betrayal, and every institution gradually bends toward one man’s political ambition.
So we have here a prime minister under criminal indictment pushing his own lawyer into a top civil service oversight role.
Opposition leaders Naftali Bennett and Yair Lapid plan to appeal Rabello’s election to the Supreme Court, calling the vote “tainted.” Even that might not work. Several government ministers, including the justice minister, have suggested in recent months that they no longer consider court decisions binding.
And that is what outsiders often miss about Netanyahu fatigue in Israel. The anger does not emerge from one scandal, one trial, one war, or one speech. It comes from the constant sense of humiliation. This week, inside Knesset voting booths that were meant to be hidden from view, Israelis saw the whole story compressed into a single degrading scene.
The post Israel gives in to the politics of debasement appeared first on The Forward.
