The judiciary is already politicized
Judicial Selection Reform in Israel
Proposal Overview
In response to the ongoing constitutional crisis, Brig.-Gen. Dedi Simhi, former Science and Technology Minister Yizhar Shai, Justice Minister Yariv Levin, and Foreign Minister Gideon Sa'ar have proposed a compromise outline for reforming the method of selecting court judges and justices.
The outline seeks a balance between the views of the coalition and the opposition, but has faced opposition for potentially politicizing the selection process, despite the current system already being highly political.
Selection Committee Changes
-
Current: Three Supreme Court justices with veto power
Proposed: Three Supreme Court justices with no veto power
-
Current: New justices require seven committee member approvals
Proposed: New justices require five committee member approvals
-
Current: Two Israel Bar Association lawyers representing the coalition and opposition
Proposed: Two lawyers, one appointed by the coalition and one by the opposition
-
Current: No requirement for opposition representation
Proposed: Opposition representation is required for any candidate support
Political Implications
Opponents cite the potential politicization of the system, while supporters argue for the recognition of the system's inherent political nature.
The right-wing may prefer extreme right-wing justices, while the opposition objects to candidates supporting judicial reform.
Implementation and Impact
The proposal may not be implemented until after the 2026 elections.
Until then, Justice Minister Levin has indicated he will allow the acting liberal president of the Supreme Court to be elected permanently, but has also stated he will not cooperate with him.
The selection of missing justices and judges may also be impacted, potentially leading to delays in the court system.
Expert Quote: "It is time to admit that the system is highly political and recognize this fact formally." - Dr. Judith Peled