Israel parliament expands political control over judicial appointments

Khaleej Times

27-03-2025

Israel's parliament on Thursday passed a law expanding the power of politicians over judge appointments in defiance of a years-long protest movement against the judicial reforms pushed by Prime Minister Benjamin Netanyahu.
The approval came with Netanyahu's government, the most right-wing in Israeli history, locked in a standoff with the supreme court after the premier began proceedings to dismiss Attorney-General Gali Baharav-Miara and announced the sacking of Ronen Bar, head of the internal security agency.
Critics said the new law was a "catastrophe" and a "nail in the coffin of Israeli democracy," while the opposition swiftly filed a petition with the supreme court challenging the law.
The legislation was approved by a vote of 67 in favour and one against, with the opposition boycotting the early-morning vote. Israel's parliament, the Knesset, has 120 members.
The overall judicial reform package sparked one of the largest protest movements in Israel's history in 2023 before being overtaken by the war in Gaza.
According to Justice Minister Yariv Levin, who sponsored the bill, the measure was intended to "restore balance" between the legislative and judicial branches.
In his closing remarks ahead of the vote, Levin slammed the supreme court, saying it had "effectively nullified the Knesset".
"It has taken for itself the authority to cancel laws and even Basic Laws. This is something unheard of in any democracy in the world," said Levin, the key architect of the judicial changes.
Israel lacks a written constitution, but it has a number of Basic Laws which set out things such as human rights and the powers of the parliament.
"But our supreme court didn't stop at trampling the Knesset; it placed itself above the government. It can annul any government action, compel the government to perform any action, cancel any government appointment.
"The days of appeasement and silencing are over, never to return," Levin said.
'Catastrophe'
Currently, judges — including supreme court justices — are selected by a nine-member committee comprising judges, lawmakers, and bar association representatives, under the justice minister's supervision.
Under the new law, which would take effect at the start of the next legislative term, the committee would still have nine members: three supreme court judges, the justice minister and another minister, one coalition lawmaker, one opposition lawmaker, and two public representatives — one appointed by the majority and the other by the opposition.
Yair Lapid, leader of the centre-right Yesh Atid party, announced on X that he had filed an appeal with the supreme court against the law on behalf of several opposition parties, just minutes after the parliamentary vote.
"Instead of focusing all efforts on their (Israeli hostages in Gaza) return and healing the divisions within the people, this government is returning to the exact legislation that divided the public before October 7," Lapid said in his post.
"The amendment passed by the Knesset is another nail in the coffin of Israeli democracy," said Eliad Shraga, head of Israeli NGO the Movement for Quality Government in Israel and one of the petitioners against the law.
"This is a calculated attempt to take control of the judicial system and turn it into a tool in the hands of politicians," he said in a statement.
Claude Klein, a public law expert at Jerusalem's Hebrew University, said enactment of the law would be a "catastrophe".
"They want to take real power. Netanyahu thinks that the supreme court is keeping him from running the country his way," he told AFP.
Klein said that over the decades, the top court had expanded its scope of action, in particular by ruling that any legal precedent or law can be reviewed or annuled, a concept to which Levin was "extremely hostile".
New protests
The government's judicial reforms package, first unveiled in early 2023, triggered massive weekly street protests that polarised Israeli society.
Netanyahu's detractors warn the multi-pronged package could pave the way for authoritarian rule and be used by the prime minister to quash any possible convictions against him in his ongoing corruption trial, an accusation the premier denies.
Rallies have again erupted in key cities and on Wednesday thousands protested against the bill before it was approved in parliament.
Netanyahu slammed the opposition in parliament on Wednesday.
"Perhaps you could stop putting spanners in the works of the government in the middle of a war. Perhaps you could stop fuelling the sedition, hatred and anarchy in the streets," he said.