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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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Strong start for Virginia’s first Yiddish culture festival
It’s not every day that you encounter a man in a Stetson hat singing Yiddish folksongs in the former capital of the Confederacy.
Yet that wasn’t the most unexpected thing this reporter experienced over Richmond Yiddish Week’s opening weekend. The grassroots Yiddish cultural festival, which began on Saturday, got off to an energetic, well-attended start.
The festival’s opening concert, a double billing of local klezmer bands The Vulgar Bulgars and My Son The Doctor, took place Saturday night at Gold Lion Community Café, an art-space in Richmond’s up-and-coming Manchester neighborhood.
Even before the concert began, the venue was standing-room only. “This is clearly the place to be in Manchester tonight,” remarked one attendee as he squeezed into a seat.
Before the first set, festival co-founder Sam Shokin addressed the audience, expressing her delight at the large turnout. “We weren’t sure how many like-minded people we were going to find for a Yiddish culture festival,” she said, “but judging by the crowd it seems like there are a lot of you.” Her remark elicited enthusiastic applause.
Thirty minutes into the first set, the space was so crowded that service staff had difficulty delivering customers’ food and drink orders to the tables. At least one woman gave up waiting in line to place her order until the break between sets.
The Vulgar Bulgars opened with several tightly harmonized and adventurously arranged klezmer instrumentals. Local singer Nina Lankin then joined in for a power ballad-esque and refreshingly non-maudlin rendition of the Yiddish theater classic Papirosn (Cigarettes).
She and the band also shined with a heartfelt rendition of the messianic Yiddish song Shnirele Perele (Ribbons and Pearls). Between sets, as attendees reordered food and drinks, this reporter had a chance to speak with a few attendees.
“I’ve been here for three years or so,” Rachel Enders, a local preschool teacher who told me she’s Catholic, said. “But I had no idea there was this big, vibrant Jewish community here.”
Festival co-founder Danny Kraft said that the local community has some “conservative and insular” tendencies. But at a time when many Jewish communities are retreating into explicitly Jewish spaces, the organizers of RYW chose more public venues for their programming. The local Jewish Federation lent support by funding security. One of Shokin’s and Kraft’s stated goals was to “bring some Yiddishkayt into the local arts community.”
Maribel Moheno — a language instructor at a local university who recently discovered her Jewish ancestry — was the first to start dancing. The rest of the audience got on their feet and joined Moheno during the second set. That set, played by My Son The Doctor, was less polished or interestingly arranged, but far more danceable.
Having finished the circle dance called a freylekhs with Moheno and a dozen or so others, this reporter refueled with a bagel made by local bakery Cupertino’s NY Bagels. It wasn’t bad. Also on offer was an unexpected soft drink called Palestine Cola.
As it turns out, the Gold Lion cafe has, like many such establishments of late, hosted pro-Palestine events. After some community members expressed concern about the festival being held there, the organizers explained that the festival had no stance vis-à-vis Israel-Palestine.
“People on both the left and the right who don’t know much about Yiddish think it’s synonymous with queer, anti-Zionist culture,” Kraft said. “That’s very reductive. Some people in the mainstream community saw this Yiddish event as a dog-whistle or code-word for anti-Zionism. Once we clarified this with the local Federation, that cleared the air a bit.”
“This is a week of celebrating Yiddishkeit,” said Shokin. “We’re focusing on arts and culture — politics, not so much.”
Despite this shturem in a glezl tey (tempest in a teacup), the opening concert had more than 100 people in attendance. Young families with toddlers and tweens mingled with elegantly dressed retirees, long-haired baby boomers, and 20- and 30-something hipsters.
The evening closed out with two lively songs that the audience joined in for: Ale Brider (We’re All Brothers), a popular anthem about Jewish unity, and the Yiddish birthday song Tsu Dayn Geburtstog in honor of an audience member’s birthday.
On Sunday afternoon, the Richmond Public Library’s main branch hosted a Yiddish story time event, which Kraft, who is also a poet and Yiddish translator, led. More than a dozen young families attended.
The program began with a brief Yiddish lesson. Kraft, himself the father of a toddler, then regaled children and parents with the unique Yiddish-Spanish-English picture book Beautiful Yetta: the Yiddish Chicken, using the book’s dialogue to teach more Yiddish phrases.
One high point of the afternoon was an interactive game called “Guess the Animal” where the audience learned the Yiddish terms for familiar animals, including the non-kosher khazer (pig), which got plenty of laughs.
A lot of Yiddish programming today tends to be adult-focused, often geared toward retirees. So a Yiddish festival for children and young parents seems like an expression of hope for Yiddish continuity — a leap of faith, even. Yet despite a small budget and all-volunteer staff, Kraft and Shokin seem to have stuck the landing.
The post Strong start for Virginia’s first Yiddish culture festival appeared first on The Forward.
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UK Prosecutors Try to Reinstate Terrorism Charge Against Kneecap Rapper
Member of Kneecap Liam O’Hanna, also known as Liam Og O hAnnaidh and performing under the name of Mo Chara, speaks to supporters outside Woolwich Crown Court, after a UK court threw out his prosecution for a terrorism offense, in London, Britain, Sept. 26, 2025. Photo: REUTERS/Hannah McKay
British prosecutors sought to reinstate a terrorism charge against a member of Irish rap group Kneecap on Wednesday for displaying a flag of Iran-backed Lebanese terrorist group Hezbollah at a London gig, after a court threw out the case last year.
Liam Óg Ó hAnnaidh, whose stage name is Mo Chara, was accused of having waved the flag of the banned Islamist group Hezbollah during a November 2024 gig.
The charge was thrown out in September after a court ruled it had originally been brought without the permission of the Director of Public Prosecutions and the Attorney General, and also one day outside the six-month statutory limit.
But the Crown Prosecution Service said it would challenge the ruling and its lawyer Paul Jarvis told London’s High Court on Wednesday that permission was only required by the time Ó hAnnaidh first appeared in court, meaning the case can proceed.
Kneecap – known for their politically charged lyrics and anti-Israel activism – have said the case is an attempt to distract from what they described as British complicity in Israel’s so-called “genocide” in Gaza. Israel strongly denies committing a genocide in the coastal territory, where it launched a military campaign against Hamas after the Palestinian terrorist group invaded Israeli territory.
J.J. Ó Dochartaigh, who goes by DJ Próvaí, was in court but Ó hAnnaidh was not required to attend and was not present.
KNEECAP SAYS PROSECUTION A DISTRACTION
Ó hAnnaidh was charged in May with displaying the Hezbollah flag in such a way that aroused reasonable suspicion that he supported the banned group, after footage emerged of him holding the flag on stage while saying “Up Hamas, up Hezbollah.”
Kneecap have previously said the flag was thrown on stage during their performance and that they “do not, and have never, supported Hamas or Hezbollah.”
The group, who rap about Irish identity and support the republican cause of uniting Northern Ireland with the Republic of Ireland, have become increasingly vocal about the war in Gaza, particularly after Ó hAnnaidh was charged in May.
During their performance at June’s Glastonbury Festival in England, Ó hAnnaidh accused Israel of committing war crimes, after Kneecap displayed pro-Palestinian messages during their set at the Coachella Festival in California in April.
Kneecap have since been banned from Hungary and Canada, also canceling a tour of the United States due to a clash with Ó hAnnaidh’s court appearances.
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German-Israel Deal Strengthens Cyber Defense, German Minister Says
A German and Israeli flag fly, on the day Chancellor Friedrich Merz meets with Israeli President Isaac Herzog for talks, in Berlin, Germany, May 12, 2025. Photo: REUTERS/Liesa Johannssen
A new German-Israel agreement aims to counter cyber threats and enhance security infrastructure, German Interior Minister Alexander Dobrindt told parliament on Wednesday.
Dobrindt signed the agreement with Israeli Prime Minister Benjamin Netanyahu in Jerusalem over the weekend.
The collaboration includes the development of a joint “cyber dome” system, an artificial intelligence and cyber innovation center, drone defense cooperation, and improved civilian warning systems.
“We have already had a trusting partnership in the past, which we want to strengthen further,” Dobrindt said. “Israel has extensive experience in cyber defense. We want to benefit from that.”
The German Interior Ministry said on Monday the agreement would extend to protecting energy infrastructure and connected vehicle networks, in addition to enhancing collaboration in civil protection, counter-terrorism, and criminal prosecution.
European countries are facing increasing pressure to fortify their cyber defense systems against sophisticated attacks.