Back الإصلاح القضائي في إسرائيل Arabic اصلاحات قضایی ۲۰۲۳ اسرائیل FA הרפורמה המשפטית בישראל (2023) HE Reformasi peradilan Israel 2023 ID Riforma giudiziaria israeliana del 2023 Italian Pembaharuan kehakiman Israel 2023 Malay Reforma judicial israelense de 2023 Portuguese Судебная реформа в Израиле Russian 2023 İsrail yargı reformu Turkish יוסטיץ רעפארם אין ישראל (2023) YI

2023 Israeli judicial reform

2023 Israeli judicial reform
Knesset
Considered by25th Knesset
Related legislation
Basic Law: The Judiciary
Basic Law: Human Dignity and Liberty
Status: Blocked
Demonstrators against the judicial reform in Jerusalem, 13 February 2023

The 2023 Israeli judicial reform is a set of five changes to the judicial system and the balance of powers in Israel that was proposed in January 2023. The intent of the measures is to curb the judiciary's influence over lawmaking and public policy by limiting the Supreme Court's power to exercise judicial review, granting the government control over judicial appointments and limiting the authority of its legal advisors.[1] The effort was led by Deputy Prime Minister and Minister of Justice Yariv Levin and the Chair of the Knesset's Constitution, Law and Justice Committee, Simcha Rothman.

The Supreme Court has, for several decades, assumed the right to declare Knesset legislation unconstitutional. The reform would permit the Knesset to override such a ruling by reintroducing the legislation and approving it with a majority of Knesset members. The reform would additionally diminish the ability of courts to conduct judicial review of the Basic Laws and change the makeup of the Judicial Selection Committee, so that control over the appointment of judges is effectively given to the government.[2][3]

Levin and the ruling government coalition have stated that the above is the first step in their judicial reform,[4] and that additional steps are planned, including:

  • changing the appointment process of legal advisors to government ministries, such that they are appointed and dismissed by the ministers;
  • making the legal advisers' legal advice a recommendation, rather than binding on the ministers; and
  • making them subordinate directly to the ministers, rather than to the Justice Ministry's professional oversight.[5]

Prime Minister Benjamin Netanyahu maintains that the reform is necessary because the judiciary has too much control over public policy, and a better balance is needed between democratically elected legislators and the judiciary.[2][6] However, Netanyahu has been barred from actively taking part in the process of the judicial reform by the Attorney General, due to a conflict of interest stemming from his ongoing corruption trial.[7]

The coalition is also advancing a number of other bills concerning Israel's judicial system and the balance of powers, including:

  • reforms to widen the authority of the Rabbinical Court, allowing them to act as arbitrators in civil matters using religious law, if both parties consent;[8]
  • bills limiting the ability to call for a no-confidence vote and other methods for dissolving a sitting Knesset;
  • bills prohibiting criminal proceedings against sitting Prime Ministers (which could free the current PM, Netanyahu, from the corruption charges currently pending against him[9]); and
  • bills permitting key public service positions to be positions of trust, appointed by politicians, rather than professional appointments.[10]

The proposed reform has sparked significant backlash, as well as some support, both inside and outside of Israel. Opposition leaders and activists accused the government of undermining established norms of checks and balances and attempting to seize absolute power, with some arguing the reform amounts to an attempt at regime change.[11][12] The Israeli president, Isaac Herzog, has called for the reforms to be halted to allow for a wider consultative process,[13] and the president of the Supreme Court and the Attorney General have attested to the reform's illegalities.[14][15] Protests against the reform escalated in Israel shortly after its introduction, as did significant concern among some in the international community.[12][16]

On 27 March 2023, after public protests and general strikes, Netanyahu announced a pause in the reform process to allow for dialogue with opposition parties.[17] However, negotiations aimed at reaching a compromise collapsed in June, and the government resumed its plans to unilaterally pass parts of the legislation.[18][19] On 24 July 2023, the Knesset passed a bill that curbs the power of the Supreme Court to declare government decisions unreasonable;[20][21] on 1 January 2024, the Supreme Court struck the bill down.[22][23]

  1. ^ Sharon, Jeremy (11 January 2023). "Levin unveils bills to remove nearly all High Court's tools for government oversight". The Times of Israel. Archived from the original on 11 January 2023. Retrieved 12 February 2023.
  2. ^ a b Kingsley, P. (12 January 2023). "Netanyahu Surges Ahead With Judicial Overhaul, Prompting Fury in Israel". The New York Times. Archived from the original on 16 January 2023. Retrieved 16 January 2023.
  3. ^ "יריב לוין הציג את הרפורמה של ממשלת נתניהו בתחום המשפטים". N12 (in Hebrew). 4 January 2023. Archived from the original on 4 January 2023. Retrieved 31 January 2023.
  4. ^ Keller-Lynn, Carrie. "Ministry legal advisers are first target in coalition's plan to remake judiciary". The Times of Israel. Archived from the original on 11 January 2023. Retrieved 9 February 2023.
  5. ^ Keller-Lynn, Carrie. "Bill would allow ministry legal advisers to make only non-binding recommendations". The Times of Israel. Archived from the original on 12 January 2023. Retrieved 9 February 2023.
  6. ^ Staff, T. (15 January 2023). "Netanyahu shrugs off protest, says millions of voters demanded judicial overhaul". The Times of Israel. Archived from the original on 16 January 2023. Retrieved 16 January 2023.
  7. ^ "Netanyahu objects to 'gag order' barring him from judicial reform debate" (in Hebrew). Jewish News Syndicate. 2 March 2023. Archived from the original on 12 March 2023. Retrieved 11 March 2023.
  8. ^ Gross, Judah Ari. "Bills to ban hametz, expand powers of rabbinic courts breeze through committee". The Times of Israel. Archived from the original on 1 March 2023. Retrieved 1 March 2023.
  9. ^ Associated Press: "Netanyahu’s judicial overhaul faces first legal challenge in Israeli Supreme Court," September 12, 2023, PBS, retrieved August 4, 2024
  10. ^ "כך נראית מהפכה: 141 הצעות החוק לשינוי סדרי השלטון | הרשימה המלאה". ynet (in Hebrew). 25 March 2023. Archived from the original on 29 March 2023. Retrieved 29 March 2023.
  11. ^ Berg, R. (5 January 2023). "Israel plan to curb Supreme Court's powers sparks outcry". BBC News. Archived from the original on 16 January 2023. Retrieved 16 January 2023.
  12. ^ a b Kershner, Isabel; Bergman, Ronen (14 January 2023). "Thousands in Israel Protest Netanyahu's Plans to Limit Courts". The New York Times. ISSN 0362-4331. Archived from the original on 30 January 2023. Retrieved 31 January 2023.
  13. ^ "Judicial reform raises concern for future of Israeli democracy – Herzog". The Jerusalem Post. Archived from the original on 12 February 2023. Retrieved 12 February 2023.
  14. ^ Maanit, Chen (12 January 2023). "'A Mortal Wound to Democracy': Israel's Chief Justice Slams Netanyahu's Legal Overhaul". Haaretz. Archived from the original on 1 February 2023. Retrieved 7 February 2023.
  15. ^ Cite error: The named reference :8 was invoked but never defined (see the help page).
  16. ^ Berman, Lazar (30 January 2023). "As Netanyahu talks Iran, Blinken makes US concerns over judicial shakeup clear". The Times of Israel. Archived from the original on 30 January 2023. Retrieved 1 February 2023.
  17. ^ "'There can be no civil war': Full text of Netanyahu's announcement on overhaul pause". The Times of Israel. Archived from the original on 29 March 2023. Retrieved 29 March 2023.
  18. ^ "Day of stepped-up anti-overhaul protests kicks off with hundreds blocking Haifa port". The Times of Israel. Retrieved 3 July 2023.
  19. ^ "Israeli protests reignite as PM pushes on with justice system overhaul". The Guardian. 8 July 2023. ISSN 0261-3077. Retrieved 9 July 2023.
  20. ^ Goldman, Paul; Sanchez, Raf; Smith, Patrick; Siemaszko, Corky (24 July 2023). "Israeli parliament passes key part of Netanyahu's divisive judicial overhaul plan". NBC News. Retrieved 26 July 2023.
  21. ^ Kaplan Sommer, Allison (24 July 2023). "Israel's Democratic Crisis | Can Israel's Supreme Court Disqualify the First Law of Netanyahu's Judicial Coup?". Haaretz. Retrieved 26 July 2023.
  22. ^ i24NEWS (1 January 2024). "Israel: High Court strikes down law repealing the 'reasonableness standard,' a key plank of the govt's judicial reform". I24news. Retrieved 1 January 2024.{{cite web}}: CS1 maint: numeric names: authors list (link)
  23. ^ Khalil, Shaimaa; Ahmadi, Ali Abbas (1 January 2024). "Israel Supreme Court strikes down judicial reforms". BBC News. Retrieved 1 January 2024.

2023 Israeli judicial reform

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