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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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Jonah Hill’s cancel culture dramedy makes an antisemitism exception — all about Kanye
Ye, the rapper formerly known as Kanye West, is having an interesting April.
Fans are hailing his new album Bully as a return to form. (Critics are more mixed.) He reportedly made $33 million from two sold-out shows in Los Angeles, but he was also banned from entering the U.K. owing to a pressure campaign by Jewish groups over a scheduled headlining performance at the Wired music festival, even as the artist, who recently attributed his antisemitic behavior to a brain injury and bipolar disorder, offered to have “meet and listen” sessions with the Jewish community.
On top of this mixed reception, add a movie premiere. Ye has a memorable cameo in Jonah Hill’s new AppleTV+ film The Outcome, about an A-list actor’s teshuvah tour. And that moment has something to say about what to do with the artist’s outbursts.
Hill’s character, a crass crisis lawyer named Ira, assembles a dream team to protect his client, Reef Hawk (Keanu Reeves), who is awaiting the release of an incriminating video. The nature of this video is unknown beyond its potential to derail his comeback after a five-year sabbatical to treat a secret heroin addiction. Among Reef’s potential defenders are a Gloria Allred-style lawyer (Laverne Cox), a Black minister legendary for his work on civil rights (Roy Wood Jr.) and an ambassador from the Asian-American community (Atsuko Okatsuka). Ira notes someone missing from the mix, one “Moshe, from the Antisemitism Committee,” perhaps a poorly-named stand-in for the ADL.
“We ran the numbers,” Ira’s assistant says by way of explanation. “It turns out that hating Jews doesn’t negatively affect a person’s career. In fact, it could help.”
And we cut to a black-and-white headshot of Ye, occupying the whole screen.
Hill explained this choice in an interview with TMZ, saying the scene wasn’t just there to score a cheap shot at Ye, who publicly (and compellingly) apologized in an ad in the Wall Street Journal in January.
“In the midst of all this Jew stuff, he did Instagram a picture of me in the 21 Jump Street poster,” Hill recalled. “And he said something along the lines of ‘I don’t hate Jews anymore because I love Jonah Hill.’”
“Me and him got no beef,” Hill continued.” I just put that in there like, ‘Yo, you’re gonna f—ing put the 21 Jump Street poster up there and say you don’t hate Jews anymore. That’s pretty wild. I’m gonna put a picture of you saying that like, hating Jews helps your career.’”
Clearly a sight gag and a bit of an inside joke. But is it true?
Running my own numbers, and not even accounting for this last week of ups and downs, Ye took a major hit to his net worth when he lost his Adidas partnership, backsliding all the way from billionaire to mere multimillionaire. Fans still turn up for Ye, and some even seem to like what I’ll call his Hitler catalogue. That said, it’s hard to imagine him making a full recovery, once again gracing the stage at the Grammys or headlining a major festival or getting a shot at the Super Bowl halftime show.
The difference between Ye’s transgression and that of others is instructive. There’s plenty of arguable antisemitism in the case of celebrities whose pro-Palestinian advocacy has crossed the line into something unsavory. Rappers Bob Vylan of “death, death to the IDF” fame and Kneecap, who chanted “up Hamas, up Hezbollah,” come to mind. They have had their own brushes with cancellation and been denied visas because of their antics — but also strong support from those who believe they are simply speaking up for Palestinians. The ascendancy of Israel conspiracies, echoing age old canards, has recently produced an odd coalition between pundits on the far-left and far-right, and hasn’t put a dent in their audience.
(Hill, though Jewish, was accused of dabbling in Jewish stereotypes his last film, You People, and he will likely get some flack for this movie, both for his character — a kind of grubby fixer who calls his client “Bubbie” — and for a joke where Man’s Search for Meaning is referred to as “the most lit Holocaust book.”)
Even in this environment, Ye is toxic for mainstream consumption, because when he went “death con 3” on the Jews, his words had no agenda beyond delusion-fueled animus about Jewish control of the media. Ye’s awareness of the Middle East was best expressed on the occasion he used a fish tank net and Yoo-hoo bottle to represent the Israeli prime minister. Vylan and Kneecap’s slogans are more subtle and plausibly deniable than one of Ye’s latest tracks, literally called “Heil Hitler.”
There was no hedging it, try as Candace Owens might. It was Jew Hate Classic, the original recipe. And it wasn’t, in the case of Mel Gibson, a pattern that emerged over relatively wide gaps of time with only one incident widely known to the general public. It was an endless, often marathon torrent of invective and odd tangents care of an unmedicated bipolar insomniac. It went on for months. Then died off. Then came back swinging in the form of an album the concept of which could, charitably, be defined as spiritually Hitlerian.
The sheer concentration of vitriol seems like proof that the outburst was the result of a manic episode, which could afford the rapper some grace. Instead, he now lives in a liminal space between relevance and punchline. This strain of antisemitism doesn’t boost careers — yet — but the man behind it can sell out stadiums in spite of it.
All the while, the question of what to do with Ye’s mental health, and how it factors into his cancellation makes him a conundrum, even if it should by rights be a better excuse than Mel Gibson’s squad car in vino veritas. (Gibson is mentioned in the film, in the context of a poppers-related Weekend at Bernie’s scenario, not his own scandal.) Before we render a judgment, we need commitments he won’t repeat his tirades and so continue to influence looksmaxxers, incels and their overlapping Venn Diagram of Nazi revivalists.
Hill’s belief that Ye’s antisemitic streak was good for business is symptomatic of something fundamentally off with the director’s treatment of cancel culture. It feels out-of-touch even — or maybe because — it draws from experience. Hill himself was the victim of cancellation some years ago, when his ex leaked texts in which he weaponized “therapy talk.” Hill’s project, with a cast that includes Reeves, Van Jones, Martin Scorsese, Drew Barrymore and a rare appearance from Cameron Diaz, is itself proof of how not all cancellations are created equal or indefinite.
The Outcome is in tension with itself, part Hill’s version of Don Henley’s “Dirty Laundry” and Seth Rogen’s The Studio, part earnest penance that may or may not be coming from the director-writer himself.
One of the lines, delivered by Reef’s reality star mother (soap opera icon Susan Lucci), as a crew films their rapprochement for Bravo, sums the film up nicely: “Just because it’s performative doesn’t mean it’s not the truth.” We’ll have to take her word for it.
When it comes to Ye, there is some truth that antisemitism alone can’t crater a career — with the exception of lesser talents, it never could. We need not wonder how it has affected Ye’s popularity with Hill, who cited him on TMZ as “probably the greatest artist whoever lived.”
As Ira departs the film, we see his bumper sticker: “Honk if you can separate the art from the artist.” Hill would blow out the horn, and hopes you might too.
Jonah Hill’s The Outcome debits April 10 on AppleTV+.
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Dollar Struggles to Rebound as Fragile US-Iran Ceasefire Keeps Markets Wary
U.S. $100 bills. Photo: Wikimedia Commons.
A fragile calm reigned across currency markets on Thursday as traders kept their eyes fixed on whether the ceasefire between the US and Iran would hold, a day after its announcement sent the dollar tumbling across the board.
The deal appeared to be on thin ice, as Israel bombed more targets in Lebanon, and there was no sign Iran had lifted its blockade of the Strait of Hormuz, which has caused the worst disruption to global energy supplies in history.
Iranian negotiators were expected to set off later on Thursday for Pakistan for the first peace talks of the war, but Tehran said there would be no deal as long as Israel was striking Lebanon.
President Donald Trump said all US ships, aircraft, and military personnel would stay in place in and around Iran until it fully complied with a deal.
The uncertainty left currency markets on edge.
The euro was up 0.17 percent at $1.1683. It had gained 0.6 percent on Wednesday, but retreated late in the day having touched a one-month high of $1.1721 earlier in the session.
Sterling similarly was 0.21 percent higher at $1.342, after gaining 0.77 percent on Wednesday, but retreating from as high as $1.348.
Meanwhile, the Japanese yen lost some ground, with the dollar up 0.3 percent at 159.055 yen, having briefly dropped below 158 on Wednesday.
With the Strait of Hormuz closed, “the entire ceasefire remains tenuous,” said Derek Halpenny, head of research global markets EMEA at MUFG. But, he added, “while the US dollar has rebounded, the moves in general have been modest.”
He said the fact that further talks scheduled in Pakistan were still going ahead was keeping any retracement of Wednesday’s moves in check.
Elsewhere, new personal spending data released on Thursday showed that US inflation increased as expected in February and likely rose further in March amid the war with Iran, a trend that is expected to discourage the Federal Reserve from cutting interest rates for a while.
The personal consumption expenditures price index climbed 0.4% after an unrevised 0.3 gain in January, the Commerce Department’s Bureau of Economic Analysis said on Thursday.
Japan’s consumer confidence worsened in March for the first time in three months, a government survey showed on Thursday, adding to a recent string of data pointing to the potential economic hit from the Middle East war, which would complicate the Bank of Japan’s rate-hike decision. The yen showed little reaction to the data.
Speaking in parliament, BOJ Governor Kazuo Ueda said real interest rates were clearly negative and were keeping the country’s financial conditions accommodative.
Other currencies were also broadly steady. The Australian dollar was 0.15 percent higher at $0.7054, while the New Zealand dollar was 0.46 percent higher at $0.585. In cryptocurrencies, bitcoin was last down 0.97 percent at $70,680.
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Opposition Leader Lapid Calls the Ceasefire with Iran a ‘Political Disaster’
FILE PHOTO: Israeli opposition leader Yair Lapid delivers a statement at the Knesset, Israel’s parliament,, in Jerusalem, February 13, 2023. REUTERS/Amir Cohen/File Photo
i24 News – Israeli opposition leader Yair Lapid on Wednesday launched a sharp attack on the ceasefire agreement reached between the United States and Iran, calling it a “political disaster” and directly blaming Prime Minister Benjamin Netanyahu.
In a post on X, Lapid said the agreement sidelined Israel from critical decisions affecting its national security. “Never in our entire history have we experienced such a diplomatic disaster,” he wrote, adding that “Israel wasn’t even at the table when decisions were made regarding the core of our security.”
Lapid accused Netanyahu of failing to translate military achievements into strategic gains, despite praising the performance of the Israeli military and the resilience of the public during the conflict. “The army has accomplished everything that was asked of it, and the citizens have shown remarkable strength,” he said.
However, he argued that those efforts were not matched by political leadership. “Netanyahu has failed politically, failed strategically, and has not achieved any of the goals he set for himself,” Lapid added.
The opposition leader also warned of long-term consequences stemming from the agreement, saying the fallout could take years to repair. He criticized the government’s handling of the crisis, citing what he described as “arrogance, negligence, and a lack of strategic vision.”