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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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Report: US, Israel Preparing for Resumptions of Strikes Against Iran

US President Donald Trump speaks during an event to sign a memorandum in the Oval Office at the White House in Washington, DC, US, May 5, 2026. Photo: REUTERS/Evan Vucci

i24 NewsThe United States and Israel are engaged in intense preparations — the largest since the cease-fire took effect — for the possible resumption of attacks against Iran as early as next week, the New York Times reported Saturday citing two Middle East officials, who spoke on condition of anonymity.

Meanwhile, the Israeli Mako News reported Israeli official sources as saying that US President Donald Trump is expected to convene his closest team of advisors in the next 24 hours to make a final decision on the Iran matter. Israel estimates that a decision on military action may be made very soon, the report added.

According to NYT, should Trump decide to resume military strikes, options include more aggressive raids targeting Iranian military and infrastructure targets, US officials said.

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Trump Says Xi Agrees Iran Must Open Strait, But No Sign China Will Weigh In

US President Donald Trump participates in events at the Great Hall of the People and does a greeting with the President of the People’s Republic of China Xi Jinping May 14, 2026, in Beijing China during a trip focused on trade, regional security, and strengthening bilateral ties between the world’s two largest economies. Photo: Kenny Holston/Pool via REUTERS/File Photo

US President Donald Trump said Chinese President Xi Jinping had agreed Tehran must reopen the Strait of Hormuz, though China gave no indication it would weigh in.

Flying back from Beijing on Friday after two days of talks with Xi, Trump said he was considering whether to lift US sanctions on Chinese oil companies buying Iranian oil. China is the biggest buyer of Iranian oil.

“I’m not asking for any favors because when you ask for favors, you have to do favors in return,” Trump said when asked by a reporter on Air Force One whether Xi had made a firm commitment to put pressure on the Iranians to reopen the strait.

Xi did not comment on his discussions with Trump about Iran, although China’s foreign ministry criticized the war, calling it a conflict “which should never have happened, has no reason to continue.”

‘WE WANT THE STRAITS OPEN’

Iran has effectively shut the strait, which carried one-fifth of global oil and liquefied natural gas supply before the US and Israel launched attacks on February 28. The disruption to shipping has caused the biggest oil supply crisis in history, pushing up oil prices.

Ebrahim Azizi, who heads the Iranian parliament’s national security committee, said on Saturday that Tehran had prepared a mechanism to manage traffic through the strait along a designated route that would be unveiled soon.

Azizi said only commercial vessels and parties cooperating with Iran would benefit, and that fees would be collected for specialized services provided under the mechanism.

Thousands of Iranians were killed in the US and Israeli airstrikes. Thousands more have been killed in Lebanon in fighting between Israel and the Iran-backed group Hezbollah, though Israel and Lebanon agreed on Friday to a 45-day extension of a ceasefire that has tamped down the conflict there.

The US paused its attacks last month but began a port blockade. As of Saturday, 78 commercial ships had been redirected and four disabled to ensure compliance with the blockade, the US military said.

Tehran, which carried out strikes against Israel, US bases and Gulf states after the war began, has said it will not unblock the strait until the US ends its blockade. Trump has threatened to resume attacks if Iran does not agree to a deal.

“We don’t want them to have a nuclear weapon, we want the straits open,” Trump said in Beijing, alongside Xi.

Iran, which has long denied it intends to build a nuclear weapon, has refused to end nuclear research or relinquish its hidden stockpile of enriched uranium.

Iranian Foreign Minister Abbas Araqchi said Tehran had received messages from the US indicating Washington was willing to continue talks.

Pakistan has been mediating between Washington and Tehran. Iranian news agency Nournews said Interior Minister Eskandar Momeni had held “detailed” discussions with his visiting Pakistani counterpart on Iran-Pakistan relations and the prospects for resuming peace talks, but gave no details.

TRUMP LOSING PATIENCE

Trump, who told Fox News’ “Hannity” program in an interview aired on Thursday that he was losing patience with Iran, said Tehran “should make a deal.”

Oil prices rose around 3 percent to around $109 a barrel on Friday [O/R] on concerns about a lack of progress in resolving the conflict.

Talks on ending the war, which has become a liability for Trump ahead of US congressional elections in November, have been on hold since last week when Iran and the US each rejected the other’s most recent proposals.

Araqchi said on Friday that Iran would welcome Chinese input, adding that Tehran was trying to give diplomacy a chance but did not trust the US, which has curtailed previous rounds of talks by launching air strikes.

When ⁠the US and Israel launched their attacks on Iran at the end of February, they said one of their aims was to weaken the authorities so Iranians could topple the government.

There has been little sign of organized dissent ​in Iran during ​the war, and ⁠rights groups say the government has cracked down heavily on its opponents.

Iran’s judiciary said on Saturday that 39 people had been executed for collaborating with Israeli or US spy agencies, or taking part in “terror” or armed unrest, since the war started, the judiciary’s news agency Mizan reported.

It said 36 “medium-level” dissidents had received long prison sentences.

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Tens of Thousands March in London in Separate Immigration, Pro‑Palestinian Protests

Protesters take part in a “Unite the Kingdom” rally organised by British anti-immigration activist Stephen Yaxley-Lennon, also known as Tommy Robinson, in London, Britain, May 16, 2026. REUTERS/Hannah McKay

Tens of thousands of people marched through central London on Saturday in two separate protests – one against high levels of immigration and another in support of Palestinians.

Police deployed 4,000 officers, including reinforcements from outside the capital, and pledged “the most assertive possible use of our powers” in what they called their biggest public order operation in years.

By 1200 GMT, shortly after both marches started, police said they had made 11 arrests for a range of offenses. They had earlier forecast turnout of at least 80,000.

Prime Minister Keir Starmer on Friday accused organizers of the Unite the Kingdom march of “peddling hate and division, plain and simple.”

The march was organized by anti-Islam activist Stephen Yaxley-Lennon, known as Tommy Robinson. The government barred 11 people it described as “foreign far-right agitators” from entering Britain to address the protest.

A previous protest led by Robinson in September drew around 150,000 people, police said, and featured a video address by US tech billionaire Elon Musk. More than 20 people were arrested, and police are still seeking more than 50 suspects.

MARCHERS WAVE BRITISH AND ENGLISH FLAGS

On Saturday, Robinson supporters gathered in central London, waving mainly British and English flags.

“I think that too much migration – not migration, but too much migration – is causing a lot of problems, upsetting a delicate balance here,” said Allison Parr, who also criticized net-zero environmental policies.

Annual net migration approached 900,000 in 2022 and 2023, but fell back to around 200,000 last year after tighter work visa rules.

Concern over immigration – including the arrival of asylum seekers on small boats – has weighed on Starmer’s popularity and boosted the right-wing Reform UK party, whose leader Nigel Farage has distanced himself from Robinson.

Some protesters chanted abuse about Starmer.

Robinson, who has convictions for assault, stalking and other offenses, urged supporters this week to act peacefully in what he billed as “the greatest patriotic display the world has ever seen.”

Earlier this year, he traveled to the US, where he met a State Department official and addressed supporters about what he called “the dangers of Islam” and “the Islamification of Great Britain.”

Census data showed 6.5 percent of people in England and Wales identified as Muslim in 2021, up from 4.9 percent in 2011.

PRO-PALESTINIAN PROTESTERS MARK NAKBA DAY

Nearby, pro-Palestinian demonstrators held a march to mark Nakba Day, commemorating Palestinians’ loss of land in the 1948 war that followed the creation of Israel. “Nakba” means catastrophe in Arabic.

The march also drew those opposing the Unite the Kingdom rally, alongside predominantly Palestinian flags.

London has recently seen a spate of arson attacks on Jewish sites, and two Jewish men were stabbed last month in an incident being treated as terrorism.

Police said repeated large pro-Palestinian marches – 33 since the Hamas-led attack on Israel in October 2023 – had left many Jewish people feeling too intimidated to enter central London.

While protesters held a range of views, police said they routinely made arrests for racially and religiously aggravated public order offenses, inciting racial hatred or supporting proscribed organizations.

The government said police would arrest protesters who chanted “globalize the intifada,” a reference to Palestinian uprisings against Israel that many British Jews view as inciting antisemitism.

Some protesters on Saturday chanted “Death to the IDF”, referring to the Israeli army – language that police said had previously been a reason for arrests when aimed at Jewish people.

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