Israel plans judicial reforms, move may give govt more power over country’s top court

Jerusalem: Israeli Prime Minister Benjamin Netanyahu is planning to reorder the panel for selecting judges so that his government’s hold over Supreme Court appointments increase, according to draft legislation published on Wednesday.

The judicial reforms sought by Netanyahu, whose nationalist-religious coalition was sworn into office last month, have caused concern within Israel and also abroad for the country’s democratic health. The new prime minister, however, claims 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 new bill drawn up by Justice Minister Yariv Levin, the panel will 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 get an automatic majority.

Critics are of the opinion that 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.

“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 judicial reform have accused the country’s 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. Replacing the two lawyers would be two “public figures” chosen by the justice minister – just one a lawyer.

Levin’s legislation would further rein in the Supreme Court by requiring a unanimous ruling to overturn basic laws – Israel’s quasi-constitution – passed by parliament.

It would also remove “reasonableness” as a standard of review for Supreme Court rulings against government authorities.

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