High Court hears challenge to judicial selection overhaul, justices warn of bias in judges

Israel's High Court of Justice is currently deliberating a significant challenge to a law that reshapes the Judicial Selection Committee, raising concerns about political influence over judicial appointments. An expanded bench of all 11 Supreme Court justices is examining consolidated petitions seeking to strike down the amendment to Basic Law: The Judiciary and the Courts Law.

The core of the legal argument centers on whether the amendment constitutes an "unconstitutional constitutional amendment." Petitioners and Attorney-General Gali Baharav-Miara contend that the changes fundamentally undermine judicial independence and the separation of powers. The previous committee structure involved nine members, including three Supreme Court justices, two Bar Association representatives, two ministers, and two Knesset members.

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Within a year of the next Knesset being elected, two judges could be selected with ‘chosen by the coalition’ and ‘chosen by the opposition’ written on their foreheads. Over 15 years, the benches of the Supreme Court will be filled by judges selected only by political actors.

The new law replaces the Bar Association representatives with two public representatives, one chosen by the coalition and one by the opposition. This shift, according to critics, creates a potential political majority of six members on the committee. Furthermore, the rules for appointing Supreme Court justices have changed, removing the requirement for a seven-member supermajority. Appointments could now be made with the agreement of coalition and opposition representatives alone, without any judicial support.

Supreme Court President Isaac Amit expressed deep concern during the hearing, warning that the legislation could lead to a judiciary dominated by politically selected judges. He cautioned that over 15 years, the Supreme Court's benches could be filled by individuals chosen solely by political actors, potentially altering the fundamental character of the judiciary. Amit stressed the need to focus on the constitutional question of whether the amendment violates the principle of an independent judiciary.

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