Connect with us

Uncategorized

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.

Continue Reading

Uncategorized

Amid Iran Standoff, Witkoff and Kushner Pose Aboard USS Abraham Lincoln Aircraft Carrier

Steve Witkoff (R) aboard the aircraft carrier Lincoln. Photo via i24 / social media used in accordance with Clause 27a of the Copyright Law

i24 NewsSpecial US envoys Steve Witkoff and Jared Kushner visited on Saturday the USS Abraham Lincoln aircraft carrier.

The duo, who led the US in the indirect nuclear talks with Iran on Friday, visited the aircraft carrier at the invitation of US Central Command chief, Adm. Brad Cooper.

The carrier arrived in the region last week as part of a US “armada” amid rising tensions with the Islamic regime of Iran. It is stationed in the Arabian Sea.

The visit came hours after US President Donald Trump stated that while the talks went well, “But I think Iran looks like they want to make a deal very badly, as they should. Last time, they decided maybe not to do it, but I think they probably feel differently. We’ll see what the deal is. It’ll be different than last time. And we have a big armada. We have a big fleet heading in that direction. It’ll be there pretty soon. So we’ll see how that works out.”

Continue Reading

Uncategorized

Pentagon Says It Will Cut Academic Ties With Harvard University

U.S. Defense Secretary Pete Hegseth arrives to administer the oath to U.S. Army National Guard soldiers during a re-enlistment ceremony at the base of the Washington Monument in Washington, D.C., U.S., February 6, 2026. REUTERS/Jonathan Ernst

Pentagon chief Pete Hegseth said on Friday his department was ending professional military education, fellowships, and certificate programs with Harvard University, marking the Trump administration’s latest escalation against the school.

President Donald Trump’s administration has cracked down on top US universities, including Harvard, over a range of issues such as pro-Palestinian protests against US ally Israel’s assault on Gaza, diversity programs, transgender policies and climate initiatives.

“Starting now and beginning in the 2026-27 school year, I am discontinuing all graduate level Professional Military Education (PME), all fellowships and certificate programs between Harvard University and the War Department for active duty service members,” Hegseth, who himself holds a master’s degree in public policy from the Harvard Kennedy School, said on X.

The policy will apply to service members enrolling in future programs while those currently enrolled will be allowed to finish their courses, Hegseth said.

He also added that the Pentagon will evaluate similar relationships with other universities in the coming weeks.

Rights advocates have raised free speech, academic freedom and due process concerns over the government’s actions against universities.

A Harvard spokesperson directed Reuters to a page on the history of the university’s ties with the US military that says Harvard has played a “significant role” in America’s military traditions since the nation’s founding.

TRUMP-HARVARD TENSIONS CONTINUE

The university has previously sued the Trump administration over the government’s attempt to freeze federal funding.

Hegseth accused Harvard of “hate America activism,” also calling the university antisemitic in a reference to pro-Palestinian protests.

Protesters, including some Jewish groups, say the government wrongly equates criticism of Israel’s assault on Gaza with antisemitism and advocacy for Palestinian rights with support for extremism.

Harvard has condemned discrimination on campus. Its antisemitism and Islamophobia task forces found last year that Jews and Muslims faced bigotry after the start of Israel’s war in Gaza following an October 2023 Hamas attack.

Trump’s attempts to freeze federal funds for Harvard have faced legal resistance and the two sides have failed to reach a deal thus far.

Trump said this week his administration was seeking $1 billion from Harvard to settle probes into school policies.

Some Ivy League schools have reached agreements with the Trump administration and accepted certain government demands. Columbia University has agreed to pay more than $220 million to the government while Brown University has agreed to pay $50 million to support local workforce development.

Continue Reading

Uncategorized

Netanyahu Expected to Meet Trump in US on Wednesday and Discuss Iran

Israeli Prime Minister Benjamin Netanyahu signs the joint declaration of mutual recognition with Somaliland President Muse Bihi Abdi, officially establishing full diplomatic relations between the two nations. Photo: Screenshot

Israeli Prime Minister Benjamin Netanyahu is expected to meet US President Donald Trump on Wednesday in Washington, where they will discuss negotiations with Iran, Netanyahu’s office said on Saturday.

Iranian and US officials held indirect nuclear talks in the Omani capital Muscat on Friday. Both sides said more talks were expected to be held again soon.

A regional diplomat briefed by Tehran on the talks told Reuters Iran insisted on its “right to enrich uranium” during the negotiations with the US, and that Tehran’s missile capabilities were not raised in the discussions.

Iranian officials have ruled out putting Iran’s missiles – one of the largest such arsenals in the Middle East – up for discussion, and have said Tehran wants recognition of its right to enrich uranium.

PRIME MINISTER SEEKS MISSILE CURBS

“The Prime Minister believes any negotiations must include limitations on ballistic missiles and a halting of the support for the Iranian axis,” Netanyahu’s office said in a statement.

Wednesday’s meeting would be the seventh between Netanyahu and Trump since the US president returned to office in January last year.

The pair had been expected to meet on February 18, but the talks were brought forward amid the renewed engagement with Iran. A spokesperson for Netanyahu did not immediately comment on why the date was moved up.

Last June, the US joined an Israeli military campaign against Iran’s uranium enrichment and other nuclear installations, marking the most direct American military action ever against the Islamic Republic.

Iran retaliated by launching a missile attack on a US base in Qatar.

The US and Israel have repeatedly warned Iran that they would strike again if Tehran pressed ahead with its enrichment and ballistic missile programs.

World powers and regional states fear a breakdown in the negotiations would ignite another conflict between the US and Iran that could spill over to the rest of the oil-producing region.

Iran has vowed a harsh response to any strike and has cautioned neighboring Gulf Arab countries that host US bases that they could be in the firing line if they were involved in an attack.

Continue Reading

Copyright © 2017 - 2023 Jewish Post & News