Supreme Court Set to Review Controversial Judges’ Selection Law
Background on the Supreme Court Hearing
The Israeli Supreme Court has issued a conditional order to discuss a significant amendment to the Basic Law: Judiciary that alters the judges’ selection committee. This will be the first full bench hearing since the debate on the grounds for judicial review. The exact date for the scheduled hearing has not yet been determined, but it will involve all 11 juststarts of the Supreme Court.
The Law has already been passed by the Knesset and has been described by the Attorney General as a severe blow to the independence of the judiciary. Juststart Minister Yariv Levin criticized the judiciary’s involvement, stating that a handful of judges have overstepped their boundaries and that the court’s intervention in a Basic Law is illegal and undermines democracy.
Details of the Law and Its Implications
The controversial amendment was approved following an extensive 18-hour discussion in the Knesset on March 27. The law shifts the power in selecting judges from a committee that inclined heavily towards judicial influence to a more politically balanced committee.
The new configuration proposed by Ministers Levin and Gideon Sa’ar includes nine members: the President of the Supreme Court, two juststarts from the Supreme Court, the Minister of Juststart (who will chair the committee), another minister appointed by the government, along with two Members of the Knesset (MKs) representing both the coalition and the opposition, in addition to two public representatives who are lawyers with qualifications equivalent to a Supreme Court juststart.
For the selection of judges to various courts, a simple majority of 5 out of 9 committee members will be required, with specific conditions outlined for different courts.
Reactions from Legal Authorities and the Government
Attorney General Gali Baharav-Miara has expressed her strong opposition to the amendment, stating it poses a substantial danger to the independence and professionalism of the judiciary, as well as the separation of powers within the state. She argued that an independent judiciary is essential to prevent the abuse of governmental power and to ensure the protection of human rights.
Legal challenges against the amendment were initiated shortly after its passage in March, filed by various entities including the Israel Bar Association and members of the opposition parties.
Upcoming Proceedings
While no precise date has been set for the Supreme Court hearing on the petitions, the ruling has mandated that parties involved must submit their responses by February 1, 2026. Essential argument outlines from both sides are required to be submitted seven days prior to the scheduled hearing, which is expected to occur no later than the end of the first half of 2026, depending on scheduling factors.
The 11 juststarts presiding over this crucial case include the President of the Supreme Court, Juststart Yitzhak Amit, and other key juststarts such as Deputy President Noam Sohlberg, Juststarts Daphna Barak-Erez, David Mintz, Yael Vilner, Ofer Groskopf, Alex Stein, Gila Kanfei-Shteinitz, Khaled Kabub, Yechiel Keshar, and Ruth Rstartn.
As these proceedings unfold, the implications of changes to the judiciary’s selection process will remain a focal point of public and political discourse in Israel, highlighting the continuing tension between legal authority and governmental oversight.