Bill offers government more sway over top court
Former top Israeli legal officials oppose judicial reforms, sign a letter of protest
Israeli Prime Minister Benjamin Netanyahu plans to reorder the panel for selecting judges such that his hard-right government’s sway over Supreme Court appointments would increase, according to draft legislation published on Wednesday.
Judicial reforms sought by Netanyahu, whose nationalist-religious coalition was sworn in last month, have stirred worry within Israel and abroad for the country’s democratic health. Netanyahu says he will preserve the judiciary’s independence.
The panel for selecting judges now comprises three Supreme court justices, two cabinet ministers, two parliamentarians and two lawyers. At least a 7-2 vote is required to approve an appointment, a threshold designed to encourage compromise.
Under the bill drawn up by Justice Minister Yariv Levin, the panel would be expanded to 11 members, who would be able to approve appointments by a bare majority of six votes in favour.
With seven of the members envisaged by Levin being aligned with or brought in by the government, Netanyahu and his allies would potentially be ensured an automatic majority. Critics suspect the bill is a bid by Netanyahu or his religious-nationalist coalition partners to pave the way for laws that might encroach on secular-liberals and minorities.
‘Radical regime change’
“This is not legal reform. It is radical regime change,” tweeted opposition leader Yair Lapid on Sunday, when details of Levin’s initiative were leaked to Israeli media. Proponents of the reform accuse the top court of overreach.
“I am calling for a calming of the public discourse,” Netanyahu said in televised remarks on Wednesday. “The essence of democracy, beyond the separation of powers and of course majority rule, is respect for civil rights.” The number of lawmakers on the panel would be expanded to three, with two of them from the coalition, and the number of participating cabinet ministers would also be expanded to three.
Meanwhile, former Israeli top legal officials spoke out yesterday against sweeping reforms to the country’s justice system, lending their voices to a growing outcry against the proposed overhaul.
Seven former attorneys general who have served in the post throughout the last five decades — including two appointed by Netanyahu, whose justice minister is spearheading the reforms — signed a letter of protest, along with four other former senior legal officials. The letter, published in Israeli media, denounced the proposed changes, saying they are destructive to the country’s legal system.