The Judicial Selection Committee

In September, the Supreme Court ordered the Minister to fulfill his duty to convene the Committee because the system cannot be paralyzed. Since then, the Minister has convened the committee, but refused to appoint the Supreme Court President. Now, the Court has ordered him to do so.

Recently, Israel has faced a number of situations that could lead to a constitutional crisis. What is a constitutional crisis and why is it dangerous for the stability of democracy? IDI experts explain.

How is the Chief Justice in Israel selected, what is the principle of seniority and how does this compare internationally? Dr. Guy Lurie explains the roles and responsibilities of the Chief Justice, an issue that is currently at the heart of a dispute between the Minister of Justice and the Courts.

The Israeli Supreme Court recently issued a pivotal ruling, instructing the Minister of Justice to convene the Judicial Selection Committee and select a new President of the Supreme Court. This decision come after nearly a year in which this permanent position has remained vacant. 

After the Minister of Justice Yariv Levin refrained from convening the Judicial Selection Committee to appoint a Supreme Court President, the Supreme Court ruled that the Committee must convene to appoint a President—Prof. Suzie Navot analyzes the Court's decision.

With the outbreak of the war in October 2024, the Prime Minister announced that he was halting all legislation relating to the judicial overhaul, however, various government actions raise questions regarding its intentions in relation to the overhaul and whether it might be trying to advance it by other means beyond legislation.

The UN report paints a disturbing picture in which countries experience “autocratization”—an erosion of the foundations of democracy—through actions that undermine the judicial system’s independence. In Israel, the current government is aiming to undermine judicial independence in order to consolidate its power and authority at the expense of individual rights and the rule of law.

While the Israeli public has been focusing on the war and on the hostages in Gaza, the government—led by the minister of justice—has been preparing an assault on the independence of the judicial system.

Judicial overhaul initiatives, along with other anti-democratic measures, have continued to be promoted by the government and the coalition in the Knesset. This document outlines the various actions taken in government that weaken the Israeli judiciary and democracy at large.

The Israeli democracy regulates the operation of the judiciary through the constraints of formal rules that check the political actors, the individual judges, and the judiciary. Yet beyond these formal rules, informal institutions and practices are sometimes equally important in the operation of the judiciary, as they are in any constitutional system. This article discusses informal institutions that are important in the operation and independence of the Israeli judiciary.

On November 5, 2023, Minister of Justice Yariv Levin notified the High Court of Justice that he will convene the Judicial Selection Committee within 15 days. Selecting judges is not possible in such a short time frame, so we will have to wait and see whether this decision leads to the completion of judge appointments to the vacant positions.

Justice Hayut's retirement from the presidency of the Supreme Court was well-known in advance, however, the Minister of Justice's refusal to convene the Judicial Selection Committee leaves Israel with a temporary replacement during a national emergency.

Three petitions before the Israeli Supreme Court are transforming the usually slow month of September into a pivotal one in Israel’s ongoing judicial crisis.

The Judicial Selection Committee has not met for more than a year, and during this period, various positions held by judges have been vacated.

IDI expert Dr. Guy Lurie met with KAN's Mark Weiss to discuss Supreme Court Justice Yosef Elron's announcement that he would seek election as the next Supreme Court president, a decision that flies in the face of the "seniority method" that has been used to select the court's president to date. 

The law is clear. The Minister is obligated to convene the committee when judicial vacancies appear. By evading this responsibility, he is failing in his duty.

Dr. Guy Lurie, IDI expert discusses the court's use of the Standard of (Extreme) Unreasonableness and current status of the judicial overhaul.

Dr. Jesse Ferris with New York Times' Bret Stephens and Prof. Avi Bell discuss the complexities of the judicial overhaul and its significance on the future of Israel on Sapir Conversations podcast. 

Dr. Guy Lurie in an in-depth interview with The Jewish Time podcast's Jeff Silberblatt on the attempted judicial overhaul and its implications on Israel's future.

The research examined 42 countries included all the OECD member states along with other leading democratic countries.

The Israel Democracy Institute congratulates President Isaac Herzog on his extraordinary efforts. While the President’s plan contains some problematic elements, if it were to be adopted in its entirety as a package, we would support it because it safeguards our democracy and bolsters key elements of our constitutional foundations. 

66% of Israelis: Supreme Court should have power to strike down laws that are incompatible with Israel’s Basic Laws | On Judicial Selection Committee: 63% Support Current Principle Requiring Agreement between Politicians and Justices.

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

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. 

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

After three contentious election campaigns Israel's new government has been sworn in. IDI's experts weigh-in with their recommendations on the most important issues on the agenda. 

The Israel Democracy Institute responded Thursday to the proposed bill to cancel the seniority system and deferral of deliberations on choosing Esther Hayut as the president of the Supreme Court, saying such steps harm the basic principles of the work of the judicial branch.