The Planned Overhaul of Israel’s Judiciary

Will the overhaul of Israel’s judiciary impact Israel’s economic stability?

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.

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.

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.

The bill to amend the Police Ordinance has been compared to practices in other countries - however it ignores the fact that other countries have in place procedures that guarantee the operational independence of the police when it implements the policies laid down to guide its actions

The blow would be hardest for organizations whose role is to defend vulnerable groups, including; those living below the poverty line, the elderly, women, and people with disabilities.

Prof. Amichai Cohen, Senior Fellow at IDI, the Center for Security and Democracy, provides an in-depth historical overview of Israel's constitutional crisis and the background to the currently proposed judicial review reforms, particularly, the "override clause".

Moving units from one ministry to the next, to satisfy political needs, has a negative impact on the Ministries' ability to provide the necessary service at a high level.

Despite controversy, changes to the Judicial Selection Committee, must be made with broad consensus - and not by slimmest of majorities.

President Reuven (Ruvi) Rivlin speaking at the Fix It Don't Destroy It Judicial Reform Conference at the Israel Democracy Institute, December 2022.

Prof. Alan Dershowitz in conversation with Dr. Jesse Ferris at IDI’s Judicial Reform Conference 2022.

The Israel Democracy Institute’s special conference today (December 12th) focused on the implications of the proposed judicial reforms that have been proposed by members of the incoming coalition. 

Why it is a bad idea to allow the coalition the deciding voice in the appointment of Supreme Court justices? Is it true that in Israel, judges appoint themselves? The complete guide to the impending constitutional reform.

Israel still has no constitution, and the separation of powers seems fragile. What challenges will Israel’s democracy face in the next government?

Why is the override clause at the heart of the forthcoming coalition's agenda and how does this relate to civil rights in Israel? Prof. Suzie Navot, Vice President of the Israel Democracy Institute explains the role of the Supreme Court in Israel's democratic system in just over two minutes.

The majority of Israelis think that the Supreme Court should retain its ability to strike down legislation that contravenes the country’s Basic Laws – and only 16% said that the Judicial Selection Committee that appoints justices should be politicized by increasing the number of elected officials serving on it.

The optimistic hope that the majority will not take advantage of its power to perpetuate its rule is akin to leaving the cream to be guarded by 61 cats. The temptation is just too strong.

The new coalition's shortage of women and its proposed High Court override clause are a danger to the struggle for gender equality in Israel.

In this edited transcript of her conversation with BICOM Director Richard Pater, Vice-President of Research at the Israel Democracy Institute Professor Suzie Navot argues that judicial reforms proposed by the right-wing bloc – to Knesset override of the Supreme Court, executive immunity, and the appointment of judges – threaten Israeli democracy and the already fragile separation of powers.

Prof. Suzie Navot sits down with Richard Pater of Bicom, to discuss judicial reform. Prof. Navot explains the background of Israel’s legal system, its uniqueness among other parliamentary democracies and the significance of potentially implementing an override clause.

Turning court rulings into a “recommendation” that the Knesset could override, is likely to exacerbate tensions that already exists between the Supreme Court and the Knesset.

The proposal to abolish the Judicial Selections Committee would lead to politicization of the judiciary, undermine judges’ independence, and shift the careful balance reached through it between the branches of government.

In Israel, judges sit on the bench until they reach the age of 70, while advocates for changing the current method of their appointment often support the idea of limiting Supreme Court judges’ tenure.

With calls to enact an 'override clause' to push back against judicial review back in the news, Dr. Amir Fuchs analyzed the twenty laws the Court has overturned since Israel's establishment

"This election will be less about which candidate ends up as prime minister, but rather the real possibility of radical judicial reforms that might soon pass in the Knesset and which would limit the Supreme Court’s ability to perform crucial oversight over the political system."

It turns out that voters actually want robust judicial oversight - which explains why the Override Clause and placing limitations on judicial review have not been prominant in the election campaign

The Israel Democracy Institute offers a look inside efforts to reduce politicization of Israel's Supreme Court.

Granting the government additional power, which will enable overriding Basic Laws in simple legislation must not be allowed, lest the defense of basic civil rights in Israel are compromised

The Override Clause would not alter the balance between the branches of government – it would shift the balance of power between the government and the governed

The Israel Democracy Institute calls on Parties to Demand Strengthening of 'Rule of Law' and 'Separation of Power's in Coalition Agreements.

Laws define the legal rules of our democracy and ensure the stability of the political system while guaranteeing individual rights and general public interest - enactment of the Override Clause would seriously undermine this balance.

How are judges appointed in Israel? Who sits on the committee? And why is it so important to maintain the balance between judicial independence and democratic accountability in the appointing process? Tune in to learn more with Dr. Guy Lurie

Ilil Leder, relates how she was able to achieve equality in education for her daughter and all special needs children with the help of the High Court of Justice

Attorney Yoav Laloum relates how by petitioning the High Court of Justice he was able to stop ethnic separation in ultra-Orthodox educational institutions

Alice Miller describes how the High Court of Justice helped change women’s military service and improve gender equality in the IDF

A special survey conducted by the Guttman Center for Public Opinion and Policy Research at the
Israel Democracy Institute finds: The majority of the Israeli public fears that implementation of the Override Clause by the Knesset will give unlimited power to politicians and lead to an increase in political corruption

The Prime Minister is currently fighting to remove the Supreme Court's power to strike down Knesset legislation, thereby turning the last protector of human rights in Israel into merely an advisory board. He is even threatening elections over the issue. 

Dr. Amir Fuchs argues that an override of Supreme Court decisions should be stoutly resisted by democrats from all parts of the political spectrum.

Dr. Amir Fuchs discusses the proposal to add an override clause to Israel's Basic Law: Human Dignity and Freedom that would enable the Knesset to bypass the High Court and deal a a severe blow to the main safeguard of human rights and minorities in Israel.

IDI Vice President Prof. Mordechai Kremnitzer and Adv. Amir Fuchs analyze the proposed legislation that would allow the Knesset to reinstate laws that have been struck down by the Israeli High Court and warn of a threat to judicial review and civil liberties.

Batya Katar describes how she was able to make the state allocate the necessary budget to shield classrooms against rockets through the intervention of the High Court of Justice