Basic Law

Israel is days away from an election that could reshape the country for generations, but one of the most consequential issues is barely being discussed. Aylana Meisel-Diament examines the overlooked battle over Israel's Supreme Court and why the next government could fundamentally change the balance of power in the Jewish state. With four seats already vacant and six more justices approaching retirement, the next Knesset could oversee the replacement of two-thirds of the court...a transformation with enormous implications for national security, judicial reform, religious freedom, military service and the future of Israeli democracy. Aylana breaks down the competing legal agendas of PM Netanyahu's right-wing bloc and the opposition, the controversial changes to judicial appointments and why both sides have largely avoided discussing what's at stake. She also explains how the court's growing authority has made the selection of its justices more consequential than ever. While Israelis focus on who will lead their next government, are they overlooking the decision that could determine how the country is governed for decades to come?

Three years after October 7, Israel faces a dangerous new threat and this time, the battlefield is the international legal system. In this episode of "Basic Law", Aylana Meisel-Diament exposes what she argues could become a devastating legal precedent at the International Court of Justice, potentially lowering the threshold for proving genocide and putting Israel and other Western democracies at risk. She examines whether Israel’s own Supreme Court has weakened the country’s ability to defend itself, and why decades of legal restraint have failed to shield Israeli leaders from international prosecution. Plus, a dramatic election controversy involving an Arab politician’s statements about October 7 raises troubling questions about double standards in Israeli democracy.

In this wide-ranging election interview, opposition lawmaker MK Moshe Tur-Paz attempts to reconcile some of Israel’s most consequential challenges: integrating the rapidly growing Haredi population through major changes to education, employment and national service. The conversation then turns to judicial reform, LGBTQ issues in religious schools and his party’s controversial proposal for a “thin constitution.” It’s a revealing look at the ideas and political alliances that could shape Israel after the election.

Israel desperately needs more soldiers, but bringing thousands of Haredim into the IDF could transform far more than the size of the army. Rabbi Yehoshua Pfeffer, a Haredi rabbi who himself enlisted after October 7, explains why Israel’s old approach to Haredi military service is breaking down and why a new Haredi political movement is challenging decades of conventional thinking. From clashes over women serving alongside religious soldiers to draft exemptions, Supreme Court intervention and what he calls the “politics of poverty,” you’ll learn how this emerging movement wants to redefine the relationship between Haredim and the Jewish state, and why its vision of partnership could reshape both Israeli politics and the IDF.

What if the real driver of violence in Judea and Samaria isn't ideology, but a decades-old legal vacuum almost nobody is talking about? Aylana Meisel-Diament sits down with Amiad Cohen to unpack his provocative argument that unclear land ownership, inconsistent enforcement and overlapping Israeli, Palestinian, Jordanian, British and Ottoman legal systems have created a system where disputes can become physical battles for control. From settler violence and Palestinian construction to E1, European pressure and the future of Area C, Cohen explains why he believes Israel needs to move from military management toward civilian policing and clearly defined property rights. You'll learn why he sees this as "practicing sovereignty" without formally declaring it, how October 7 changed Israel's strategic debate and why a seemingly technical fight over policing and land registration could ultimately determine the future of Judea and Samaria. The Israel Law & Liberty Forum is proud to partner with JNS to offer a platform for conservative and classical liberal legal thought from within Israel. Any opinions stated are those of the speaker and not meant to represent the positions of the Forum or JNS. The Forum fosters thoughtful conversation and debate on key issues in Israeli law and democracy and takes no official positions regarding specific policy issues.

What happens when the government tries to fight antisemitism on campus and the courts stand in its way? In this episode of Basic Law, Aylana Meisel-Diament is joined by Kenneth L. Marcus, founder and chairman of the Louis D. Brandeis Center for Human Rights Under Law and former U.S. Assistant Secretary of Education for Civil Rights, to examine the legal battle over antisemitism in American education. The discussion begins with a federal judge’s decision to dismiss the Justice Department’s civil-rights case against Harvard and what that ruling could mean for future Title VI enforcement. Marcus explains why he believes the decision applied the wrong standard and discusses its potential implications for cases involving other universities, including UCLA. The conversation also explores allegations surrounding the Justice Department’s handling of university investigations, the role of federal funding in enforcing civil-rights protections, and the spread of antisemitism beyond higher education into K-12 schools and other institutions. The Israel Law & Liberty Forum is proud to partner with JNS to offer a platform for conservative and classical liberal legal thought from within Israel. Any opinions stated are those of the speaker and not meant to represent the positions of the Forum or JNS. The Forum fosters thoughtful conversation and debate on key issues in Israeli law and democracy and takes no official positions regarding specific policy issues.

What happens when the right to family life collides with a state's duty to protect its citizens? In this episode of Basic Law, Aylana Meisel-Diament examines the debate over Israel's Citizenship and Entry into Israel Law and the controversial Shir Hagag amendment, which restricts residency or entry for terrorists and certain members of their families. The dispute raises a fundamental question in Israeli law and society: How should Israel balance individual rights against collective security? Supporters of tougher restrictions point to terrorism, security data, deterrence, and Israel's sovereign right to control its borders. Critics argue that penalizing relatives for another person's actions can violate fundamental rights to family life and equality - and risks imposing consequences on people who may have had nothing to do with the offense. The Israeli Supreme Court has wrestled with this broader tension for decades, repeatedly confronting where constitutional rights end and security necessity begins. This episode presents both sides of the debate: Is restricting family reunification and the status of terrorists' relatives a necessary security measure in the fight against terrorism? Or does collective punishment cross a line that a democracy committed to individual rights should not cross?

What if one agreement signed 30 years ago is still driving today's biggest security crisis? Former IDF prosecutor Lt. Col. (res.) Maurice Hirsch argues that the Oslo Accords didn't just fail, they created the conditions for today's security challenges, from the growth of the Palestinian Authority's security forces to the global campaign surrounding "settler violence." You'll learn why he believes the Oslo framework has become a strategic liability and why dismantling the Palestinian Authority has become, in his view, essential for both Israeli and Palestinian security.

In this exclusive interview, former Knesset Speaker and longtime Likud leader Yuli Edelstein explains why he left the party, why he believes Israel's political system is no longer functioning as it should and what must change before the country faces its next major crisis. From the Haredi draft debate and judicial reform to Israeli sovereignty in Judea and Samaria, the future of the Knesset and the balance of power between the government and the courts, Edelstein offers an insider's perspective on the biggest constitutional and political battles shaping Israel today. Whether you agree with him or not, you'll come away with a deeper understanding of how Israel's government really works and why one of its most experienced lawmakers believes the status quo cannot continue. This is the second installment in a new Basic Law interview series exploring the full spectrum of Israeli political thought ahead of Israel's next national elections. Across the series, you'll hear directly from leaders spanning the political landscape as they explain their vision for Israel's future.

Israel's political future may be changing faster than anyone realizes. In this exclusive conversation, former Knesset member Dr. Einat Wilf explains why she believes Israel is fighting a battle far bigger than rockets and missiles: a global narrative war that could determine the country's future. From constitutional reform and the role of the Supreme Court to military service, education, Palestinian identity and the creation of her new Oz Party, Wilf lays out a vision that challenges both the Israeli right and left. Whether you agree with her or not, you'll come away with a deeper understanding of the ideological debates shaping Israel's next chapter and why the biggest battles may no longer be fought on the battlefield. This is the first installment in a new Basic Law interview series exploring the full spectrum of Israeli political thought ahead of Israel's next national elections. Across the series, you'll hear directly from leaders spanning the political landscape as they explain their vision for Israel's future.