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Knesset tells High Court judicial reform may justify professional trade-off

From Jerusalem Post · () English

Translated from English, summarized and contextualized by DistantNews.

At a glance

News Named sources Context piece
  • Israel's Knesset informed the High Court that a new judicial appointment system could be justified by increased public trust and diversity, even if it lowers professional standards.
  • The revised law alters the Judicial Selection Committee, replacing Bar Association representatives with lawyers chosen by coalition and opposition lawmakers.
  • Critics fear the changes will weaken judicial independence, while the government argues they will make courts more representative of Israeli society.

The Knesset has argued before Israel's High Court of Justice that a controversial reform to the system for appointing judges is justifiable. Lawmakers contend that even if the new system leads to a lower professional standard among Supreme Court appointees, the trade-off is acceptable for achieving greater public trust and a more diverse judiciary.

Even if we assume that the professional standard of appointees to the Supreme Court will be lower, the Knesset could decide that the trade-off is justified by the increase in public trust and diversity.

— KnessetThe Knesset's argument to the High Court of Justice regarding the justification for the judicial appointment reform.

The core of the debate lies in a law that reshapes the nine-member Judicial Selection Committee. Currently, the committee comprises Supreme Court justices, ministers, Knesset members, and Bar Association representatives. Appointing a Supreme Court justice requires seven votes, necessitating agreement between political and professional factions. The new law replaces the two Bar Association representatives with senior lawyers selected separately by coalition and opposition MKs. While Supreme Court appointments would still need five votes, including support from both political blocs, the justices themselves would not need to concur. Lower court appointments also require five votes but must include a judge, a coalition member, and an opposition member.

find favor in the eyes of politicians

— Justice Alex SteinJustice Stein's question about what a district court judge might need to do to reach the Supreme Court under the new system.

Critics, including Attorney-General Gali Baharav-Miara, express concerns that these changes will undermine judicial independence. They argue that making judges more reliant on politicians for appointment and promotion could compromise their impartiality. However, the Knesset and government maintain that the reforms prevent either political bloc from appointing judges unilaterally and will enhance the courts' representation of Israeli society. These arguments were central to a recent hearing before an 11-justice panel, which has issued a conditional order demanding explanations as to why the law should not be struck down.

future justices could be publicly branded as the coalition’s or opposition’s choices

— Supreme Court President Isaac AmitPresident Amit's warning about the potential public perception of judges appointed under the new system.
DistantNews Editorial

Originally published by Jerusalem Post in English. Translated, summarized, and contextualized by our editorial team with added local perspective. Read our editorial standards.

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