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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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UN Official Speaks at Same Event in Qatar as Hamas Leader, Iranian Foreign Minister
Francesca Albanese, UN special rapporteur on human rights in the Palestinian territories, attends a side event during the Human Rights Council at the United Nations in Geneva, Switzerland, March 26, 2024. Photo: REUTERS/Denis Balibouse
A United Nations official who has been criticized for using her role to denigrate Israel spoke at the same event in Qatar over the weekend as a senior Hamas official and Iran’s top diplomat.
The Al Jazeera Forum, which took place over the weekend in Qatar, featured speakers including Hamas former leader and current senior figure Khaled Meshaal, Iran’s foreign minister, and Francesca Albanese — the UN’s notoriously controversial special rapporteur on the human rights situation in the Palestinian territories.
Writer and Open Source Intelligence researcher Eitan Fischberger noted that Albanese, whose job centers around human rights, would be speaking at the same event as the leader of Hamas — the terrorist organization that has ruled Gaza since 2006 and committed the October 7 attack on Israel — and Iran’s foreign minister — who is part of the regime that reportedly killed tens of thousands of civilians while they were protesting against the government.
And Albanese was not the only speaker whose professional focus is on human rights but ended up speaking at a conference with some of the world’s most notable human rights abusers. According to the Al Jazeera Forum website, a former prosecutor of the International Criminal Court (ICC), a professor of international law, and a humanitarian and climate activist also spoke at the event. Additionally, at least one American professor — who teaches at the University of Maryland, College Park — spoke at the forum.
While Albanese spoke at the event, she discussed Israel being a “common enemy of humanity.”
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The Anti-Defamation League responded to her appearance and comments at the forum, writing, “When will the world stop allowing Albanese to dress up hateful bias against Jews, Israel and endorsement of terrorism, as righteous indignation? ADL has long been calling for Albanese to be found in breach of the UNHRC code of conduct and to be separated from her mandate.”
The Israeli Director of the Digital Diplomacy Bureau wrote that “the mask is finally off” and that there is “No need for satire – reality writes it better.”
Albanese’s appearance at a conference with a Hamas leader is the latest chapter of her extensive history of using her role at the UN to denigrate Israel and seemingly rationalize Hamas’ attacks on the Jewish state.
In 2024, the UN launched a probe into Albanese’s conduct over allegedly accepting a trip to Australia funded by pro-Hamas organizations. UN Watch explains that in “November 2023, Ms. Albanese conducted a lobbying trip to Australia and New Zealand in which she did not conduct any investigation pursuant to her mandate. Contrary to her denials and those by the UN, this report documents how the trip was partially funded by ‘external’ groups, most likely pro-Hamas lobby groups in those countries.”
Also in 2024, Albanese claimed Israelis were “colonialists” who had “fake identities.” Previously, she defended Palestinians’ “right to resist” Israeli “occupation” at a time when over 1,100 rockets were fired by Gaza terrorists at Israel. Last year, US lawmakers called for the firing of Albanese for what they described as her “outrageous” antisemitic statements, including a 2014 letter in which she claimed America was “subjugated by the Jewish lobby.”
Albanese’s anti-Israel comments have earned her the praise of Hamas officials in the past.
In response to French President Emmanuel Macron calling Hamas’ Oct. 7 attack on Israel the “largest antisemitic massacre of the 21st century,” Albanese said, “No, Mr. Macron. The victims of Oct. 7 were not killed because of their Judaism, but in response to Israel’s oppression.”
Video footage of the Oct. 7 onslaught showed Palestinian terrorists led by Hamas celebrating the fact that they were murdering Jews.
Nevertheless, Albanese has argued that Israel should make peace with Hamas, saying that it “needs to make peace with Hamas in order to not be threatened by Hamas.”
When asked what people do not understand about Hamas, she added, “If someone violates your right to self-determination, you are entitled to embrace resistance.”
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Somalia Warns Israel Against Military Base in Somaliland, Signs Defense Pact With Saudi Arabia
Somalia’s President Hassan Sheikh Mohamud delivers the opening keynote speech during the 17th Al Jazeera Forum, themed ”The Palestinian Cause and the Regional Balance of Power in the Context of an Emerging Multipolar World,” in Doha, Qatar, on Feb. 7, 2026. Photo: Noushad Thekkayil/NurPhoto via Reuters Connect
Somalia’s President Hassan Sheikh Mohamud has warned Israel against establishing a military base in the self-declared Republic of Somaliland, as Mogadishu bolsters strategic ties with Middle Eastern states amid mounting regional tensions.
At the Al Jazeera Forum in Doha on Saturday, Mohamud sounded the alarm over a potential Israeli military foothold in the Horn of Africa, while once again condemning Israel’s recognition of Somaliland as a “blatant breach of international law.”
Somaliland, which has claimed independence for decades in East Africa but remains largely unrecognized, is situated on the southern coast of the Gulf of Aden and bordered by Djibouti to the northwest, Ethiopia to the south and west, and Somalia to the south and east.
During Saturday’s event, Mohamud insisted that an Israeli military base in Somaliland would offer no real defensive benefit and would primarily serve as a springboard for foreign interventions.
“A base is not a tourist destination — it is a military facility, and military means either attack or defense,” he said during a speech. “There is no part of Somalia that Israel has any need to defend.”
“We will fight to the full extent of our capacity,” Mohamud continued. “We will confront any Israeli forces that enter, because we oppose this and will never allow it.”
For years now, Somalia has hosted military facilities for foreign powers, including Turkey and Egypt.
Mohamud’s remarks came after Israel last year became the first country to officially recognize the Republic of Somaliland as an independent and sovereign state — a move expected to reshape regional power dynamics as the two governments deepen political, security, and economic cooperation.
At the time, regional powers — including Egypt and Turkey — condemned Israel’s diplomatic move, saying it undermined Somalia’s sovereignty and territorial integrity.
According to experts, the growing Israel-Somaliland partnership could be a “game changer” for Israel, boosting the Jewish state’s ability to counter the Yemen-based Houthi terrorist group while offering strategic and geographic advantages amid shifting regional power dynamics.
Unlike most other states in the region, Somaliland has relative security, regular elections, and a degree of political stability — qualities that make it a valuable partner for international allies and a key player in regional cooperation.
“Israel’s interference in Somalia’s sovereignty will not be tolerated,” Mohamud said during his speech. “The African continent rejects any attempts to change borders through military force or unilateral actions.”
In a move to strengthen its defense capabilities amid increasing regional instability, Somalia signed a defense cooperation pact with Saudi Arabia on Monday, aimed at enhancing military ties and providing advanced technology and training for the Somali National Army.
According to officials from both countries, the deal is intended to safeguard the Red Sea, a strategic corridor between the Indian Ocean and the Suez Canal that has increasingly drawn the attention of Gulf states.
Even though the newly signed memorandum is not a mutual defense treaty, Somali officials say it sets the stage for deeper military cooperation — a move analysts say has gained momentum following Israel’s recognition of Somaliland.
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‘Every Jew Will Die’: German Synagogue Receives Threatening Letter With Gun Cartridge
Illustrative: The exterior of the main synagogue in the German city of Munich. Photo: Reuters/Michaela Rehle
German authorities have opened an investigation into a death threat mailed to the Jewish Community of Munich and Upper Bavaria (IKG) amid an ongoing rise in antisemitism across Germany.
The package, received by the IKG’s community center and the Ohel Jakob Synagogue on Thursday, contained a cartridge for a handgun and a note which included such intimidations as “all the Jews belonged shot” and “every Jew will die … I will cause all the deaths.”
The Bavarian police’s Criminal Department 4 launched a probe into the incident.
Munich’s leading synagogue has previously implemented security protocols for incoming packages.
“Every shipment is controlled. In this case, it immediately became apparent that the letter had a problematic content,” Vice President Yehoshua Chmiel told the Jüdische Allgemeine newspaper. “The escalation goes on and on … We receive a lot of threats. But a letter with a real cartridge is new.”
“We feel let down,” he added. “There are no acts against antisemitism. There are speeches, but they don’t help us.”
Ludwig Spaenle, who serves as the Bavarian state government’s commissioner against antisemitism, called the hate crime “evil and inhumane” before encouraging law enforcement in their investigation.
This latest incident comes as Jews in Germany are already on edge amid a relentlessly hostile climate.
In the city of Potsdam just outside Berlin, for example, members of the Jewish community have begun expressing second thoughts about a multi-year plan to develop a kindergarten out of fear that it could become a prime target for terrorists.
Evgueni Kutikow, chairman of the Jewish Community of Potsdam, said to Märkische Allgemeine that worries about antisemitism had grown and that “one mother called me crazy when I asked her if she would enroll her child in a Jewish daycare center.”
Kutikow has resisted canceling the kindergarten’s construction, however.
“As things stand now, I’m skeptical. But I’m also not prepared to abandon the project,” he said. “We don’t live in a bubble — we see what’s happening around us and across the world.”
Last month saw two antisemitic hate crimes in Germany targeting Andreas Büttner, the commissioner for antisemitism in the state of Brandenburg in northeastern Germany.
On Jan. 5, the Brandenburg state parliament received a death threat against him. The note warned, “we will kill you” and included an inverted red triangle, a symbol used by the Islamist terrorist group Hamas to designate targets.
This messaging mirrored an arson attack against a shed on Büttner’s property days earlier, when investigators also discovered inverted red triangles. Israeli Ambassador to Germany Ron Prosor posted on X at the time explaining that “attacks on those who think differently and attempted murder: That is what the Hamas triangle stands for — in Gaza as in Brandenburg. And the hatred of Israel goes hand in hand with hatred of our democracy. The rule of law must smash these terrorist organizations — and indeed, before they strike again.”
Following the attack, Büttner stated that “the symbol sends a clear message. The red Hamas triangle is widely recognized as a sign of jihadist violence and antisemitic incitement.” He added that “anyone who uses such a thing wants to intimidate and glorify terror. This is not a protest; it is a threat.”
On Jan. 13, another antisemitic act contributed to the growing climate of fear.
Police arrested an unnamed, 32-year-old man in Giessen in an attack on a synagogue. A judge would place him on a psychiatric hold, suspecting mental illness had contributed to his actions.
The suspect allegedly pushed over boxes which contained papers and then set them on fire outside the synagogue. A prosecutor’s statement read that “thanks to the swift intervention of a passerby, the fire was quickly brought under control, preventing the flames from spreading to the residential building and the synagogue.”
Police also believe the man performed a Nazi salute outside the synagogue that evening.
The commissioner to combat antisemitism in the German state of Hesse sounded the alarm after the arson attack, warning that it reflects a “growing pogrom-like atmosphere” threatening Jewish life across the country.
Germany, like most Western countries, has experienced a surge in antisemitic incidents over the past two years, following the Palestinian terrorist group Hamas’s Oct. 7, 2023, massacre across southern Israel.
According to official German government figures, antisemitic crimes jumped from 2,641 in 2022 to 6,236 in 2024, an increase of 136 percent.
“We are witnessing a growing number of antisemitic incidents. Ninety years ago, that hatred marked the beginning of the end,” Daniel Günther, the minister-president of Schleswig-Holstein, a state in northern Germany, said in a statement last month following the vandalism of a Holocaust memorial at a local synagogue in Kiel. “That is precisely why we cannot tolerate a single incident today. Every act must be investigated and punished under the rule of law.”