War over Israel’s Judicial Independence

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In late 2022, Israel’s new right-wing government, led by Prime Minister Netanyahu and Justice Minister Yariv Levin, initiated a controversial plan to overhaul the judiciary. The proposed reform seeks to reshape the Judicial Selection Committee by expanding it to eleven members, most of whom would be appointed or heavily influenced by the government. Under the plan, the government would effectively control judicial appointments, including the President and Deputy-President of the Supreme Court, while also granting itself the power to remove judges by a vote of nine out of eleven committee members without cause.

Proponents argue that the reforms will democratize the judiciary by making it more representative of public opinion and accountable to elected officials. They claim the current system, involving justices and lawyers, is undemocratic and dominated by elites disconnected from the electorate. Critics, however, warn that the changes would undermine judicial independence and concentrate power in the hands of political leaders, compromising the system of checks and balances essential to democracy.

The proposed reforms have sparked widespread protests across Israel, with tens of thousands gathering weekly in cities like Tel Aviv. Demonstrators argue that the reforms threaten democracy by making the judiciary susceptible to political interference and intimidation. Despite the public backlash, Netanyahu’s coalition remains determined to push forward with the reforms, framing them as necessary corrections to a judiciary they believe has become too powerful and unaccountable.

Suggested Citation:

War over Israel’s Judicial Independence, VerfBlog, Jan. 25, 2023.