Knesset tells High Court judicial overhaul needs more than preference to be struck down

The Knesset has urged Israel's High Court of Justice not to invalidate the new judicial-selection system solely based on the justices' preference for the previous one. The Knesset's legal team argued that only a severe blow to the country's democratic character could justify striking down part of a Basic Law.

This position was contested by the Movement for Quality Government (MQG), a petitioner challenging the legislation. MQG responded that the Knesset's supplementary arguments offered no new factual or legal basis and largely reiterated claims made during a previous hearing. The group asked the court to finalize its conditional orders, thereby accepting the petitions and invalidating the challenged provisions.

The core of the dispute lies in amendments to Basic Law: The Judiciary and the Courts Law. These changes alter the composition of the nine-member Judicial Selection Committee and its process for appointing judges at all levels. The amendment, passed in March 2025 with a 67-1 vote, is set to take effect with the next Knesset term. The court is currently hearing nine petitions together.

These arguments follow the court's questioning of the Knesset and government regarding the new system's potential to make judges more politically dependent and weaken judicial independence. The court issued conditional orders demanding explanations on why the legislation should not be struck down, focusing on whether the changes fundamentally damage Israel's democratic identity to a degree that warrants judicial intervention despite the legislation's Basic Law status.