Published: 6 January 2023
Last updated: 5 March 2024
The opposition has described the new government’s attempt to control the judiciary as a ‘political coup’.
Justice Minister Yariv Levin has announced a wide-ranging and highly controversial overhaul of Israel’s judicial and legal system which, if enacted, would amount to arguably the most drastic changes ever to Israel’s system of government.
The changes set out by Levin during a press conference at the Knesset would severely limit the authority of the High Court of Justice, give the government control over the judicial selection committee, and significantly limit the authority of government legal advisers.
The High Court will be explicitly prevented from deliberating and ruling on Israel’s Basic Laws and its ability to strike down Knesset legislation would be sharply curtailed.
Levin, a member of Prime Minister Benjamin Netanyahu’s Likud party, claimed that judicial activism had ruined public trust in the legal system and made it impossible for governments to rule effectively.
He said his “long overdue” reform, was aimed at “strengthening democracy, rehabilitating governance, restoring faith in the judicial system, and rebalancing the three branches of government.”
Leader of the opposition and Yesh Atid Chairman Yair Lapid and National Unity leader Benny Gantz, both condemned the proposals as a “political coup.”
“What Yariv Levin presented today is not a legal reform, it is a letter of intimidation. They threaten to destroy the entire constitutional structure of the State of Israel,” said the opposition leader.
Among the first steps that are expected to be taken is putting an end to the reasonableness standard that the High Court has invoked to overrule government decisions that it found to be unreasonable.
Attorney General Gali Baharav-Miara has said that the appointment of Aryeh Deri as a minister was unreasonable in light of Deri's conviction last year on tax evasion charges. Deri served a jail term about two decades ago on another criminal conviction, but was given a suspended sentence on the tax evasion conviction. Since taking office, the new government has amended the law so that a suspended sentence would not disqualify a candidate from appointment to the cabinet.
READ MORE
Justice minister unveils plan to shackle the High Court, overhaul Israel’s judiciary (Times of Israel)
Netanyahu's Justice Minister Presents Plans for Radical Judicial Overhaul (Haaretz)
ANALYSIS
Justice minister sounds death knell for Israel’s inadequately protected democracy (David Horovitz, Times of Israel)
Netanyahu loyalist claims his ‘reforms’ fix imbalance between branches of government. In fact, he’s neutering the High Court, the only defence, for anyone, against any coalition
Photo: Justice Minister Yariv Levin presents the plan, on Wednesday evening (Emil Salman/Haaretz)
