Articles

Increased corruption and damage to Israel's economy - four simple figures with important lessons for Israel’s judicial overhaul

Rabbinical courts, where appointments are based on political loyalty, offer a cautionary model of a judicial nightmare

"Lets talk about the rules of the game to ensure that Israel remains both Jewish and democratic, today and tomorrow"

Coercive regulations and enforcement, especially in democratic countries, have a more limited reach than governments are prepared to admit.

Is a deep tectonic shift taking place in ultra-Orthodox politics, as Haredi voters are finding their voice?

Since 1953, judicial appointments in Israel have been made through a Judicial Selection Committee in which legal professionals—judges and lawyers—are in the majority and politicians in the minority. The new Israeli government’s plans for legal reform turn this system on its head and allow the coalition to fully control appointments to all parts of the judiciary, thus consolidating its dominant position in all three branches of government. 

The second article in this series describes in depth how the Supreme Court used its authority, why it encountered a backlash, and what current proposals to limit the power of the Court to exercise judicial review over Knesset legislation look like.

Political discontent with the power relationship between the judiciary and the political branches has been percolating since the 1990s, often in connection with criminal proceedings against senior politicians. Prof. Amichai Cohen and Dr. Yuval Shany provide context for the ongoing debate concerning recent legal developments in Israel, so that outside observers can follow them more closely.

IDI is currently in the process of composing a revised proposal for a full constitutional arrangement for the State of Israel as it marks 75 years of independence.

Negating the plans of the other camp is not enough. The public enthusiasm present a rare opportunity, to enlist public support for strengthening and entrenching Israel’s liberal democratic identity.

To enhance ultra-Orthodox men’s prospects in the Israeli job market – new and innovate solutions, by way of education, must be put in place.

5 other ideas for upgrading Israel's judicial system – without destroying democracy, doing away with the mechanisms for oversight of the government or harming our basic rights.

The recently published opinion by the Attorney General, Adv. Gali Baharav-Miara, makes clear that the proposal "reform" makes no attempt to enhance the balance among the branches of government: It is quite simply a demand for unlimited government power.

The Index reveals that regarding the proposed plan to overhaul the judicial system, 43% describe the initiative is “bad” – while 31% describe it is “good.” A quarter of respondents said that they do not have an opinion on the Levin plan. A large majority (64%) are in favor of dialogue between the different political camps regarding the proposed legislative changes in an attempt to reach compromise.

Turning ministry legal advisors into political appointees will deprive them of their ability to protect the rule of law and will reduce public trust in the ministries.

Debilitating the judicial system would deal a blow to overseas investors’ motivation to invest in Israel and lead to a sharp drop in its credit rating. We need only look at the precedents of Turkey, Hungary, and Poland, to understand just how serious the threat is.

The appointment of conservative judges to the court, and even the enactment of a certain version of the override clause, will not bring about the destruction of the Supreme Court, and will certainly not turn Israel into a totalitarian state. However, the continued attacks on the Court, and the potential passage of the most extreme proposals pose a serious challenge to Israeli democracy.

A special survey Jacobs Center for Shared Society and the Viterbi Family Center for Public Opinion and Policy Research, found that almost half of Israelis think that the diaspora Jewry should be part of the public debate on the Law of Return and 51% think that canceling the "grandchild clause" in the Law of Return is liable to significantly reduce immigration to Israel.

What provisions does Israeli law provide for the possibility of declaring the Prime Minister "Incapacitated". IDI expert explains

The debate surrounding the Override Clause should really focus on the disproportionate power of the Knesset and not on the power of the Supreme Court. All other democracies have structural mechanisms that limit the concentration of power in the hands of one institutions - we must create such a mechanism in Israel as well.

The government's aim to apply sovereignty in the territories and soften the Supreme Court may harm Israel's global standing

Key Findings

The Index finds that over past decade: significant decrease in the rate of optimists regarding the future of the country and a decline in public trust in state institutions | Among Jewish Israelis: 85% Place Trust the IDF | Only 8.5% Trust Political Parties

Why is the Supreme Court's independence so important to Israeli democracy and what are the proposed reforms attempting to achieve? Listen to a short explanation by Prof. Amichai Cohen, senior fellow at IDI.

There’s a need for judicial reform, but the Supreme Court plays a crucial role in safeguarding democracy.

Eric Fingerhut, CEO and President of the JFNA with Yohanan Plesner, President of IDI and Prof. Suzie Navot, VP of IDI discuss the new government's legislation proposals and the future of Israeli democracy. January 2023.

Regardless of whether the proposals that might curtail equality and human dignity pass or not in the end, it is hard not to be concerned about the very fact that such ideas are even advanced and are viewed favorably by Knesset members

The most common opinion in the Israeli public is that formation of the new government will have a negative effect both on Israel’s international standing and on the civil status of Arabs in Israel.

Additionally 51.5% think that Israel’s standing in the international community will worsen now that the new government has taken office and 48% think that the civil status of Arabs in Israel will deteriorate.