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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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Romania’s secret police trailed a Jewish photographer. Decades later, their files have become a film.

(JTA) — BERLIN — He had wild hair and wore jeans. He was American — and Jewish. He had a camera.

That was enough to trigger surveillance by the notorious secret police of communist Romania, the Securitate.

Now, 41 years after photojournalist Edward Serotta boldly stepped behind the Iron Curtain, we can see just how obsessed the Romanians were with him, thanks to a short documentary by renowned Romanian director Radu Jude and historian Adrian Cioflâncă.

“Plan contraplan/Shot Reverse Shot,” which had its world premiere at the Berlinale international film festival last month, gives equal time to Serotta’s reminiscences about Romania in the 1980s, and to the Securitate’s observations of him.

And of course, to the photos: After his Romania adventure, Serotta put down new roots in Europe, and has spent decades documenting the Jewish life that was nearly obliterated in the Holocaust. He has published several books of photographs documenting Jewish communities. He also documented the fall of the communist regimes in which he’d set foot as a young man.

Twenty-two minutes long, the film was one of several shown at the festival with themes related to Jewish life and history, or to the Israeli-Palestinian conflict.

The obsessive spying of the communist regime, as documented here, appears absurd today. But it was fully serious at the time.

In his narration, Serotta — born in 1949 in Atlanta — recalls how communist authorities in 1985 “had given me the permission to come to Romania under the idea that they would have glowing and fine articles and positive articles about Romania.” His stated intention was to document World War II memorials, of which at the time there were only a handful. Today, there are many more.

“He will be put under surveillance,” declares the spy, narrated in the film’s second half by Romanian political scientist Diana Mărgărit, “in order to prevent contact with parasitic protest elements.”

While Serotta was aiming his lens, the informants were sneaking around, snapping quick shots and jotting down observations. They also slipped into his hotel room one day, and exposed a roll of film.

The things they frantically recorded are “funny right now,” a reminder of a bygone regime that at the time was deadly serious, said Cioflâncă in an interview. Cioflâncă is on the advisory college of the National Council for the Study of the Securitate Archives, a state institution that deals with the history of communism. “I lived for 15 years when I was a child under communism. And it was not fun.”

For 41 years, until the regime’s fall and the execution of president Nikolae Ceaușescu and his wife, Elena, in 1989, the Securitate spied on and terrorized citizens of Romania, suppressing dissent. According to the virtual Cryptomuseum, based in the Netherlands, the Securitate had up to 11,000 agents and 500,000 informants monitoring a population of 22 million.

In 2006, a governmental commission reported that more than 600,000 Romanians — and potentially around 2 million — were incarcerated for political crimes, and more than 100,000 died.

Western journalists, though suspect and surveilled, were to some extent wooed — at least in the 1980s. When Serotta requested to visit in 1985, Ceaușescu had been president for some 11 years (after heading the communist party from 1965). Ceaușescu was seen as more friendly to the west: He had refused to contribute troops to invade former Czechoslovakia in 1968; and he kept up relations with Israel when other communist countries severed their ties.

At the time, the regime wanted to gain “most favored nation” economic status from the United States, which depended on their allowing some freedom of movement to its population.

“There were 855 western journalists coming to Romania during the Ceaușescu period, and 80 of them were American,” said Cioflâncă, who also directs the Bucharest-based Center for the Study of Jewish History, under the Federation of Jewish Communities in Romania.

“Many of these visits were organized as a propaganda instrument. In all the cases, they wanted to interfere with the journalist and to influence his work. They tried something similar with Edward when he came,” he added.

“They felt that the Jews are so influential, especially in the relationship with the United States,” Serotta said in an interview.

“In their mind, everything that was Israeli, Jewish, or American Jewish was deemed like an important piece of influence to use for their political PR at that time,” said Serotta, who eventually moved to Europe and in 2000 founded the Centropa nonprofit archive aimed at preserving Jewish memory in Central and Eastern Europe, the Balkans, the Baltics, and the former Soviet Union.

Centropa was purchased by the US Holocaust Memorial Museum in 2024.

Given Serotta’s obsession with documenting history, Cioflâncă said he was surprised to learn that his friend had never viewed his Securitate files. Several years ago, he asked Serotta if he’d like to see them.

“The funny thing is, I didn’t think I was important enough to have any,” Serotta recalled.

Cioflâncă found some 300 pages of documents. The informants had tried to influence the photojournalist, saying that the World War II killings of Jews in the region were “a marginal moment,” Cioflâncă noted. “They wanted to make sure that their reputation remained clean, that they were not collaborators” with the Nazis.

According to the US Holocaust Memorial Museum and Yad Vashem, at least 380,000 Romanian Jews were killed during the Holocaust.

“I was there for a matter of several weeks,” Serotta said. He recalled “a very tense atmosphere. Nothing worked properly. We barely found food in stores. It was awful.”

And he is still astonished that the Securitate spent so much time following him. “It’s funny stuff.”

“Many Securitate officers were pretty stupid,” Serotta said in the interview. “They were so distorted in doing their job that they didn’t have this sense of [the] ridiculous and humor.”

Moreover, “their [photo] equipment, first of all, was not very good. Secondly, they were usually doing it surreptitiously: behind a wall or a door or something or something like that. But as the old expression goes, the pictures are great because I look young. I look like a casting reject from ‘Flashdance.’”

Serotta, for the most part, ignored or was unaware of the surveillance, except for when the only two cars on remote roads, hour after hour, were his and that of a spy on his tail.

And yet the trip to Romania was priceless. On one of his first visits to a Jewish community in Romania, he said to himself, “Wow, this is interesting. This is like the old country.”

“Then I said, ‘It’s not like the old country. It is the old country, and I’m in it,’” he added. “From that moment on, I felt like I had opened a door, and I’ve never come back through it.”

The post Romania’s secret police trailed a Jewish photographer. Decades later, their files have become a film. appeared first on The Forward.

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Avraham Burg, longtime fixture of Israeli left, meets Tucker Carlson on his own turf

(JTA) — Tucker Carlson has set off alarm bells among many Jewish groups and even some conservative allies by hosting conspiracy theorists, grilling the U.S. ambassador to Israel and dabbling in sinister-sounding theories about Benjamin Netanyahu and Chabad.

But on Monday a notable Israeli opted to appear on Carlson’s show: former politician and left-wing figurehead Avraham Burg. And their talk was demonstrably cordial — though not without some gentle ribbing.

“Listen, Tucker, I cannot stand you,” Burg told his interviewer over a video call. “But you’re a nice person, so I talk with you.”

“I’ll take that as a half compliment,” Carlson responded, laughing.

A former speaker of the Knesset, interim Israeli president and onetime chair of the Jewish Agency for Israel and World Zionist Organization, Burg today remains an outspoken member of Israel’s dwindling left. A proponent of positions like post-Zionism and the Palestinian right of return that are deeply unpopular in Israel, he is also a frequent Netanyahu critic and current member of Hadash, an Israeli far-left party with Communist roots.

In his newsletter, Burg explained his decision to appear on Carlson’s show by saying the influential podcast host was “one of the most powerful voices in today’s American Right.”

“This interview was born out of a genuine desire to step outside familiar patterns and meet the person behind the public image that has been built around him, not out of prior agreement and not out of any need to adjudicate, but out of a willingness to seriously engage with the challenges he poses to the political and cultural discourse of our time,” Burg wrote in his Substack.

In a veiled swipe at other Jewish groups and Israeli leaders that have denounced Carlson, he added, “Carlson manages to touch a raw nerve of an American society whose doubts are deepening, and the temptation is to dismiss that with slogans. I chose not to do that.”

Indeed, throughout their 90-minute conversation, Burg did not push Carlson on the more outlandish claims the pundit has made on his shows in the past, even as he noted he watched the show frequently. He did object to Carlson’s past contentions that Israel would consider using nukes against Iran, as well as to Carlson’s rejection of the question of whether Israel “has the right to exist.”

Another area of pushback came when Burg insisted that, contrary to Carlson’s claims, Israel doesn’t have a consistent security policy, let alone a grandiose religious or conspiratorial vision.

“I listened to you very carefully in the last couple of weeks, and the way you try to conceive the Israeli strategy, from Netanyahu’s 40-year life mission to the greater land of Israel,” as biblical, “Messianic” or “eschatological,” said Burg. “I envy you that you really believe that we have something like that.” However, he added, “It doesn’t work that way.”

He instead focused on what he referred to as the Israeli mindset, which he called “a very, very hard, stiff-necked” one. Israelis, Burg said, do not believe in a “win-win” solution to their conflicts with their neighbors: “We live in a zero sum game.”

“‘I want to win alone. I want you to be dead. I want to humiliate you. I want to cancel you,’” Burg said, explaining that mindset. “‘Whomever you are, you are my enemy.’ And when you look at this philosophy, you understand where comes the political rhetoric that every adversary, never mind who [he is], minor or major, but at the end of the day, he is a Hitler.”

Israelis, Burg claimed, are also isolated from much of the English-language media, and reflexively dismiss any media criticism of their actions as antisemitic, creating “a thick filter that enables us to reject any kind of legitimate criticism.”

Carlson, who himself has offered various denunciations of the Israeli mindset on other episodes, took a soft approach to interviewing Burg. He praised Burg as “a pretty brave guy,” citing a recent op-ed in which the Israeli had opposed war with Iran, and ended by stating, “This conversation has really been a blessing for me.”

He avoided testier subjects he had raised with U.S. Ambassador to Israel Mike Huckabee and other guests in recent episodes, such as suggesting genetics testing for all Israelis to test the Jewish claim to the Holy Land, or musing that the Chabad Hasidic movement orchestrated the war as a means of building the Third Temple.

Whether his audience appreciated the apparent sincerity is an open question. On YouTube, commenters variously described Burg as complicit in Israel’s failings despite his politics or offered backhanded praise for the ways he confirmed their worst suspicions about Israelis. “If what he’s saying is true then what an unbearable group of people,” read one comment.

On X, Carlson’s other main platform, prominent pro-Israel Jews denounced Burg as a Communist and traitor to Israel.

Burg’s willingness to find common cause with Carlson was the latest sign of how some on the Jewish left, finding little appetite among institutional Jewish groups and Israeli society for sustained pushback against Israel’s actions in Gaza and Iran, may be looking instead to fringe voices on the right, where anti-Israel sentiment is also growing.

American Jewish left-wing intellectual Norman Finkelstein has appeared on Candace Owens’ podcast, while Israeli left-wing activist Miko Peled has aligned with Carrie Prejean Boller, a former religious liberties commissioner under Trump who was ousted over her stated Catholic opposition to Zionism.

Also this week Jewish journalist Peter Beinart, a leading progressive critic of Israel, praised former Trump counterterrorism director Joe Kent — another recent Carlson guest — as “a brave man” for resigning from his post while citing his opposition to war with Iran. Kent’s resignation letter accused Israel not only of manipulating Trump into war but also of having started the Iraq War and the Syrian Civil War, raising concern among American Jewish groups and providing further fodder for antisemitic elements on the right. (Beinart criticized aspects of the letter as “faulty” in his Jewish Currents essay, which was publicly assailed by a former magazine board member.)

For Burg and Carlson, the meeting revealed more similarities than differences in their worldviews. Toward the end of their talk, Burg expressed optimism that his grandchildren’s generation “will stand up and say, ‘We are ready to defend the legitimate Israel, but we’re not ready to sacrifice our life or to sacrifice the life of others on the altar of this craziness.’ This day is close.’”

“That’s a very reassuring thing to hear,” Carlson responded, in agreement.

The post Avraham Burg, longtime fixture of Israeli left, meets Tucker Carlson on his own turf appeared first on The Forward.

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King Charles named patron of British Jewish security nonprofit following ambulance attack

(JTA) — King Charles has been named the first-ever patron of a British Jewish security nonprofit, a move announced in the wake of an arson attack that targeted four ambulances owned by a Jewish volunteer emergency service in north London.

The Community Security Trust, Britain’s main antisemitism watchdog, announced that King Charles had accepted the role — indicating a royal’s endorsement of a cause — during an annual fundraising dinner Monday night, where British leaders condemned the attack.

“His Majesty’s longstanding commitment to promoting tolerance, inclusion and interfaith understanding align closely with CST’s mission to protect British Jews and CST is honoured by this recognition and looks forward to working under His Majesty’s patronage to further its vital work across the country,” CST wrote in a statement.

While the attack is being investigated as an antisemitic hate crime but not a terrorist incident, counterterror officers have been leading the investigation after an Islamist group claimed responsibility for the attack. (The same group also claimed responsibility for synagogue bombings in Belgium and the Netherlands.)

“It is too early for me to attribute ​last night’s attack in Golders Green to the Iranian ​state … ⁠but whoever was responsible, the impact is serious,” London police chief Mark Rowley said at the annual dinner on Monday.

Police believe three suspects were involved in the attack, although no arrests have been made yet. Security footage of the scene of the attack in Golders Green, a heavily Jewish neighborhood of London, appeared to show three individuals approaching the ambulances parked outside the Machzike Hadath Synagogue.

In the wake of the attack, Rowley pledged to deploy over 250 additional police officers to protect Jewish communities and the British government announced it would provide four replacement ambulances to Hatzola.

In a speech at the dinner, British Home Secretary Shabana Mahmood said that antisemitism was on the rise and vowed that those responsible would be “pursued and made to face the consequences of their vile actions.”

“It is so warped it defies words,” Mahmood said of the arson attack. “This was more than an attack on four ambulances; it was more than an attack on one organisation or on one community. It was an attack on this country and on us all.”

In the days following that attack, donations to fundraising campaigns on behalf of Hatzola reached nearly $2 million following a plea from the organization for urgent support.

“We are launching an urgent appeal to rebuild what has been lost — we cannot to afford to let our life-saving work be put on pause,” Hatzola said in a statement. “We need immediate support so we can source: new ambulances, strengthening security, equipping the teams, restocking and ensuring we can continue to respond safely and effectively in every emergency.”

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