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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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NELLA MARGRITHE ESKIN NOVEMBER 14, 1946 – AUGUST 27, 2025

It is with great sorrow that the Eskin family reports the passing of Nella Margrithe Eskin, beloved wife and devoted partner of Michael Eskin, on August 27, 2025.
Nella, the only child of the late Kasiel and Rosa Kessler, Holocaust survivors, was born in a displaced persons camp in Fohrenwald, Germany, in 1946. The family first moved to Baltimore as refugees in 1949 before settling in Chicago, where Nella graduated from Roosevelt University with Bachelor of Science degree.
In 1969, she met Michael, and three months later they were married in Chicago in March 1970. They shared a wonderful marriage of over 55 years, during which they raised a family of four boys and created a home that was always full of song, food, guests and Yiddishkeit. Sadly, their eldest son, Katriel, passed away in 2015. Nella is survived by her other three sons, Josh, Ezra and Daniel, and their families as well as Katriel’s wife and family. She was a devoted wife, mother, and grandmother to her husband, sons, and ten grandchildren, and a loving daughter to her mother, Rosa, who passed away in 2020.
A lifelong scholar, she earned an MBA from the University of Manitoba in 1995. Nella was a very pious and learned woman who was also a wonderful artist, music lover, gardener and cook. She passed her love of music, art, storytelling and learning to her children, teaching each of them piano and instilling in them an enduring appreciation for the arts that continues to this day. She was an incredibly warm woman and made every gathering feel special, every guest feel valued, and every meal feel like a celebration of love and friendship.
She will be sorely missed by her husband, children, grandchildren, relatives in the UK, USA, Australia, and Israel, and many dear friends. Her kindness, curiosity, and love will live on in the many lives she touched. May her memory be
a blessing.

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VIDEO: Moishele Alfonso on the new book of I. L. Peretz stories for students

לכּבֿוד דער פּובליקאַציע פֿונעם ביכל „אויפֿן װעג: זיבן דערציילונגען פֿון י.־ל. פּרץ“ — אַ זאַמלונג ספּעציעל געמאַכט פֿאַר סטודענטן — קען מען איצט זען אַן אינטערוויו מיטן ייִדיש־לערער משהלע אַלפֿאָנסאָ, וו‫אָס האָט פֿאַרקירצט און באַאַרבעט די דערציילונגען.

אין דע‫ם אינטערוויו דערציילט אַלפֿאָנסאָ וועגן דעם פּראָצעס פֿון שאַפֿן דאָס ביכל, און לייענט געקליבענע אויסצוגן דערפֿון. דער אינטערוויו, געפֿירט פֿון אלי בענעדיקט, איז געשטיצט געוואָרן פֿון דער ייִדיש־ליגע, וואָס האָט אויך אַרויסגעגעבן דאָס לייענביכל.

ד‫אָס נאָוואַטאָרישע ביכל גיט דעם לייענער אַ צוטריט צו קלאַסישע ייִדיש־דערציילונגען דורך אַ זײַט־בײַ־זײַטיקן גלאָסאַר, שמועס־פֿראַגעס און קלאַנג־רעקאָרדירונגען פֿון די מעשׂיות.

מ‫שהלע אַלפֿאָנסאָ איז אַ ייִדיש־לערער בײַם ייִדישן ביכער־צענטער זינט 2019. אין 2022 האָט ער, דורכן פֿאַרלאַג „אָלניאַנסקי־טעקסט“, טראַנסקריבירט און אַרויסגעגעבן יצחק באַשעוויסעס בוך „שׂו‫נאים: די געשיכטע פֿון אַ ליבע“. דער ראָמאַן איז אַרויס אין המשכים אינעם פֿאָרווערטס אין 1966, און ס’איז דאָס ערשטע מאָל וואָס שׂונאים איז אַרויס אין בוכפֿאָרעם אויף ייִדיש.

דאָ‫ס ביכל קען מען באַשטעלן דאָ.

The post VIDEO: Moishele Alfonso on the new book of I. L. Peretz stories for students appeared first on The Forward.

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VIDEO: Peter, Paul and Mary’s “Light One Candle” — in Yiddish

If, like me,  you enjoy listening to old recordings of the iconic folk group Peter, Paul and Mary, you may want to check this out: a new Yiddish version of their Hanukkah song “Light One Candle,” sung by another talented trio — Rabbi Avram, Elisha and Sarah Mlotek. (A transliteration of the lyrics appears beneath the video below.)

The three siblings are the grown children of Zalmen Mlotek, musician and director of the Yiddish National Theater Folksbiene, and his wife, Debbie Mlotek. Rabbi Avram is a writer, Elisha is a filmmaker and Sarah is studying music at a conservatory in Israel — and just became a mom.

Their singing is backed up by C. Joseph Lanzbom on guitar and Elisha on percussion.

The original song, which was written by Peter Yarrow, became an anthem for the Soviet Jewry movement in the 1980s, symbolizing their struggle for freedom. It was translated into Yiddish by the theater producer Moishe Rosenfeld and Avram Mlotek.

“‘Light One Candle’ was one of our Bubbe’s favorite songs every time we got together for a Hanukkah sing-along,” Avram said. Their Bubbe was the renowned scholar of Yiddish song, Chana Mlotek. For many years, she and her husband, the Yiddish cultural activist Yosl Mlotek, ran a column about Yiddish songs and poetry in the Forward.

Although Hanukkah is still a month away, Bubby Chana’s grandchildren had a meaningful reason for publishing it now: This week marks her yortzeit.

TRANSLITERATION

Eyn likht shaynt far di heldishe kinder
A dank vos dos likht geyt nit oys
Eyn likht shaynt far di payn un di laydn
Di sakone’z geven azoy groys

Eyn likht flakert far korbones un laydn
Az yoysher un frayhayt zol zayn
Eyn likhtl flakert far khokhme un visn
Far frayhayt un sholem zol zayn.

Lesht nit di likhtlekh oys!
Zey flakern shoyn doyres-lang
Lesht nit di likhtlekh oys!
Balaykhtn durkh undzer gezang!

Eyn likht flakert tsu gebn undz koyekh
Az eybik mir’n blaybn getray
Eyn likht flakert far mentshn vos laydn
Oykh mir zenen nisht geven fray

Eyn likhtl flakert far zise khaloymes
Tseteyln zol undz nisht der kas
Un eyn likhtl flakert tsu haltn tsuzamen
Mit sholem un mer nisht kayn has

Lesht nit di likhtlekh oys!
Zey flakern shoyn doyres-lang
Lesht nit di likhtlekh oys!
Balaykhtn durkh undzer gezang!

Vos iz di mayse vos iz azoy tayer
Vos lebt eybik in undzer flam?
Vos iz di shvue tsu fargangene doyres
Az es lebt undzer folk, undzer am?

Mir kumen, mir geyen, mir hofn, mir gloybn
Az yoysher vet vern der klal
Dos iz der viln, dos iz di shvue
A shenere velt iberal!

Lesht nit di likhtlekh oys!
Zey flakern shoyn doyres-lang
Lesht nit di likhtlekh oys!
Balaykhtn durkh undzer gezang!

The post VIDEO: Peter, Paul and Mary’s “Light One Candle” — in Yiddish appeared first on The Forward.

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