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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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Gene Shalit, a mensch with a personality as big as his mustache, turns 100

The television entertainment personality Gene Shalit, who celebrated his centenary on March 25, semaphored a Jewish appearance for decades to viewers of NBC’s early morning gabfest The Today Show.

With his Jew-fro hairstyle that fascinated celebrity interviewees and his abundant mustache that outdid Groucho Marx’s mere greasepaint simulacrum, Shalit was one of a kind. Born in New York City in 1926, he clearly aimed to be recognizable even through half-opened bleary eyes of half-asleep viewers. And audible too. Shalit’s precise pronunciation, always at a vigorous decibel level, sought to be comprehensible even during voiceovers. The Canadian comedian Eugene Levy, transfixed by this persona, imitated him on SCTV roaring at high decibel levels.

In one skit, Levy embodied Shalit with haimish affection, hawking a remedy for a migraine presumably caused by his own bellowing. In another, Levy spoofed Hollywood celebrities who were notorious fressers at local restaurants, including the American Jewish actress Shelley Winters (born Shirley Schrift). In still another lampoon, Levy-as-Shalit danced and also kibitzed with the late Catherine O’Hara as the Jewish gossip columnist Rona Barrett (born Burstein).

Shalit apparently kvelled at the notion that he was prominent enough in media culture to be affectionately kidded like other Jewish noteworthies Levy imitated, including Howard Cosell, Henry Kissinger, Menachem Begin, Milton Berle, Judd Hirsch, Jack Carter, James Caan, Lorne Greene, Norman Mailer and Neil Sedaka.

Years later, Levy recalled that when the SCTV comedy troupe was invited to appear on The Today Show, before the segment was filmed, chairs were arranged so that Catherine O’Hara was seated next to Shalit. Suddenly Shalit exclaimed: “Wait a minute, shouldn’t the person who [imitates] me be sitting beside me?” Another Jewish comedian, Jon Lovitz, would likewise attempt to imitate Shalit on Saturday Night Live, but without the zest of Levy’s indelible incarnation.

Gene Shalit on the ‘Today Show’ set with Sophia Loren, 1980. Photo by Raimondo Borea/Gartenberg Media Enterprises/Getty Images

Shalit once told showbiz reporter Eileen Prose that at first, his looks limited him to radio jobs in more conventional times for TV talent. By the more liberated late 1960s, when long hair and a hirsute upper lip were more common, he was hired as quasi-permanent house Jew on The Today Show. Although his mustache fit the counterculture in the mode of Jewish activist Jerry Rubin’s, Shalit as an aspiring journalist may have grown his facial hair more in tribute to earlier literati like the playwright William Saroyan or the eminent humorist Mark Twain.

At times, Shalit’s appearance could be clown-like or cartoonish, so it was natural that characters inspired by him would appear on animated series such as SpongeBob SquarePants and Family Guy as well as The Muppet Show.

Famous interviewees like Peter Sellers were plainly at ease with Shalit’s persona. A conversation filmed shortly before Sellers’ untimely death was cordial, with the sometimes tetchy actor on his best behavior, acknowledging Shalit as a fellow entertainer. And with Mel Brooks in 1987, Shalit looked to be in paradise.

A warm-hearted empathizer and enthusiast, Shalit was more suited to promoting films than criticizing them. In 1989, a tzimmes occurred when a memo drafted by Bryant Gumbel, a Today Show colleague, deemed Shalit a “specialist in gushing over actors and directors” and added that Shalit’s interviews “aren’t very good.” To his credit, Shalit minimized the controversy, telling The Los Angeles Times that Gumbel’s disses were “not big whacks.”

“Listen, I’ve been interviewing people on the show for 17 years,” Shalit said. “I must be doing something right.”

Shalit at NBC Studios, 1979. Photo by Raimondo Borea/Gartenberg Media Enterprises/Getty Images

Part of his inspiration was a sincere appreciation for humor, Jewish and otherwise. His 1987 anthology, Laughing Matters featured contributions by Jewish wits such as Dorothy Parker, S. J. Perelman, Woody Allen, Fran Lebowitz, Samuel Hoffenstein, Philip Roth, Mel Brooks, George S. Kaufman, Milt Gross, Arthur Kober, Leo Rosten, Allan Sherman, Max Shulman, Calvin Trillin, Rube Goldberg, Sam Gross, Roz Chast, B. Kliban, Robert Mankoff, J. B. Handelsman, Jules Feiffer and George Burns. The volume was dedicated to, among others, the Jewish screenwriter Samson Raphaelson, who was Shalit’s instructor at the University of Illinois at Urbana-Champaign.

His visceral reaction to Jewish parody was such that during one commuter train ride, Shalit admitted in a preface, Perelman’s story “No Starch in the Dhoti, S’il Vous Plait” caused a conductor to lean down with concern, stating: “A passenger says you’re crying.” To which Shalit retorted, choking and rubbing away tears: “I’m laughing.”

The subliminal message of Shalit’s book was that without Jews, America would have distinctly fewer tears of laughter. And he regretted not being able to include funny Jews like Jack Benny and Ed Wynn whose performances could not be transferred to the printed page.

Shalit also reviewed books for years. Sticking firmly to the content of cultural products with a few brief hints of value judgment, Shalit seemed to have neither the time nor presumably the inclination to subject new items to analysis of Freudian intensity. He clearly preferred boosting things to panning them, and when a film displeased Shalit, he could be uncomfortable saying so.

One occasion when Shalit raised hackles was his response on The Today Show to the 2005 film Brokeback Mountain. Shalit described one of the gay characters as a “sexual predator.” The LGBTQ media group GLAAD objected to Shalit’s characterization as a homophobic stereotype. Shalit’s son Peter wrote an open letter to GLAAD, identifying himself as a gay physician with a Seattle practice helping the gay community. Peter Shalit admitted that his father “did not get” the film in question, but was “not a homophobe.” He might have added that his father had even included an excerpt from Harvey Fierstein’s Torch Song Trilogy in the aforementioned humor collection.

Shalit followed up with his own apology, stating in a mensch-like way that he did not intend to cast “aspersions on anyone in the gay community or on the community itself.” When Shalit finally retired from broadcasting at age 84, with the Yiddish-inflected declaration: “It’s enough, already,” he left behind admiring viewers and decades of bonhomie as one of morning television’s most genial protagonists.

Mazel tov, Gene Shalit. Biz hundert un tsvantsik (May you live until 120)!

The post Gene Shalit, a mensch with a personality as big as his mustache, turns 100 appeared first on The Forward.

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How a song about the food chain became a Seder mainstay

I’m almost positive I heard about the old lady who swallowed a fly before the father who bought a goat for two zuzim.

This occurred to me a few years ago while riding in my sister’s minivan. My niece was in her car seat fidgeting with a toy that plays a catalogue of public domain children’s songs. But unlike the version I’d grown up hearing, where the old lady’s ravenous habit of devouring ever-larger animals is met with the prognostic shrug of “perhaps she’ll die,” the refrain was changed to the more kid-friendly “oh me oh my.”

The Seder tune “Chad Gadya,” which involves a quite similar conceit, has no such timidity when it comes to the ravages of death.

Jack Black once described it as the “original heavy metal song” for the way it progresses along the chain of life from a little goat bought for two zuzim, to the cat who ate the goat, to the dog who bit the cat, all the way up to the angel of death. (“Very Black Sabbath.”)

It is pretty metal — in a kosher Kidz Bop, tot Shabbat kinda way. But why we sing it should, in Jewish circles, be as popular a seasonal question as what a bunny with a clutch of eggs has to do with Jesus’ resurrection. (Some Haggadot explain the greater significance of “Chad Gadya;” my Maxwell House does not.)

Dating the song or rooting out its precise origins is not easy.

As historian Henry Abramson wrote, scholars have noted the song’s similarities to a late Medieval German folk rhyme. While the fact that it is mostly in Aramaic, not the vernacular in Europe in the Middle Ages, suggests an earlier provenance, it is missing from extant Sephardic and Yemenite Haggadot, where one would expect to find texts originating in the language, and the Aramaic itself has many errors.

Abramson reasons that, given the surviving written versions, it was likely adapted sometime in the 14th century from a German children’s rhyme called “The Foreman that Sent Jockel Out,” about an idler named Jockel who a foreman tries to rouse to fieldwork with an escalating series of messengers, ending with a hangman. (Abramson notes the original is characterized by “some Teutonic weirdness,” like a witch sent to subdue a vulture.)

“Chad Gadya” belongs, like its Seder companion “Echad Mi Yodea,” to a genre called “cumulative song,” where verses build with new information a la “12 Days of Christmas.” But “Chad Gadya” stands out for its strangeness and its more oblique message.

Abramson and others see the goat, small and vulnerable, standing in for the Jewish people, and the ensuing parade of antagonists corresponding to historical enemies (Assyrians, Babylonians) and periods of time (Exodus, various conquests), ending with redemption in the Messianic age when the Holy One smites death.

As Rabbi Jonathan Sacks wrote in a commentary for his Haggadah, the song “teaches the great truth of Jewish hope: that though many nations (symbolized by the cat, the dog, and so on) attacked Israel (the goat), each in turn has vanished into oblivion.”

That this truth is conveyed in song, with much banging on the table or animal noises, speaks to the centrality of children in the Passover Seder. And, some think, its inclusion serves a practical purpose: keeping the kids awake through the last leg of a long ritual meal.

My own interpretation is admittedly less lofty. I don’t think of Israel’s tribulations. I do think of the abundance of stray cats in Jerusalem, said to have originated during the British mandate when the city had a rat problem.

And, in the years since my own days as designated Four Questions asker, I’ve been reading “Chad Gadya” into non-Jewish contexts. “The White Cat,” off of Mitski’s new album, Nothing’s About to Happen to Me, contains a lyric that recalls the song, only altered to be a metaphor for the predations of capitalism.

In it, the speaker says she must work to pay for the cat’s house and “for the bugs who drink my blood/and the birds who eat those bugs/so that white cat can kill the birds.”

These cycles speak across cultures and time because they represent a fundamental rule of nature: There’s always a bigger fish (or cat or dog or stick).

To erase death from the equation, like my niece’s toy does with that hapless, insect-ingesting pensioner, is a concession to today’s sensitivities. That’s not to say “The Old Lady Who Swallowed a Fly” represents anything more homiletic than a choking hazard warning, but in the case of “Chad Gadya,” death is the story, and an end to death is the hope.

“The Haggadah ends with the death of death in eternal life,” Rabbi Sacks concluded his drash on the song, which ends when God strikes down the Angel of Death. “A fitting end for the story of a people dedicated to Moshe’s great command, ‘Choose life.’”

I know it’s a principle of faith all over the Haggadah, but I’m more agnostic as to that Messianic promise and maybe more in the camp of our old lady. My understanding of Jewishness, which accords with Moshe’s command, says life is best lived knowing that — perhaps — we’ll die.

The post How a song about the food chain became a Seder mainstay appeared first on The Forward.

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Katz: ‘Israel’s Goal in Lebanon is to Disarm Hezbollah’

Then-Israeli transportation minister Israel Katz attends the cabinet meeting at the Prime Minister’s office in Jerusalem, Feb. 17, 2019. Katz currently serves as the foreign minister. Photo: Sebastian Scheiner/Pool via REUTERS

i24 NewsIsrael’s Defense Minister Israel Katz held a situation assessment Friday with senior military and defense officials, reiterating that the country’s policy in Lebanon remains focused on disarming Hezbollah by military and political means. Katz emphasized that the goal applies “regardless of the Iran issue” and pledged continued protection for Israeli northern communities.

Katz said the Israel Defense Forces are completing ground maneuvers up to the anti-tank line to prevent direct threats to border towns. He outlined plans to demolish houses in villages near the border that serve as Hezbollah outposts, citing previous operations in Rafah and Khan Yunis in Gaza as models.

The Defense Minister added that the IDF will maintain security control over the Litani area and that the return of 600,000 residents of southern Lebanon who had evacuated north will not be permitted until northern communities’ safety is ensured. Katz also reaffirmed that the IDF will continue targeting Hezbollah leaders and operatives across Lebanon, noting that 1,000 terrorists have already been eliminated since the start of the current campaign.

“We promised security to the northern towns, and that is exactly what we will do,” Katz said. He further warned that the IDF will act decisively against rocket fire from Lebanon, stating that Hezbollah “will pay heavy prices.”

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