Guy Lurie
Jerusalem Post, Dec. 19, 2022
“While the Knesset has the authority to change the procedures for appointing judges with even a small majority, in order to gain full legitimacy, any changes to the constitutional arrangements in this area should be made only on the basis of broad consensus among the public at large and in the Knesset, including opposition factions.”
Information leaked from the coalition negotiations, as well as the political platforms of elected officials from the Right, indicate that a substantial change to the system for judicial appointments is now on the agenda. Currently, judges are chosen by the Judicial Selection Committee, which comprises five members from the legal profession (three judges and two representatives of the Israel Bar Association) and four members who are elected representatives (two ministers and two members of the Knesset).
It appears that the incoming coalition will seek to change this arrangement by giving politicians – and particularly, representatives of the governing coalition – the deciding vote on selecting judges. As can be seen in the platform of the Religious Zionist Party, for example, the intention is to implement this change not only for the appointment of Supreme Court justices, but rather for all judges in all courts and would also include the dismissal of judges, as well as their appointment (as the committee also has the authority to dismiss judges).
If this intention comes to fruition, this will be the first substantive change to the procedure for appointing judges since the formation of the Judicial Selection Committee in 1953. While specific minor adjustments to the current system may be called for, I believe that its underlying principles are sound and that it would be a mistake to stray from them.
What can we learn about the limits of the legitimacy of the proposed change in Israeli judge selection? … [To read the full article, click here]