Israeli Supreme Court Under Fire for 'Juristocracy' and Undermining Democracy

The year 5786 (2025-2026) is characterized as the year the Israeli judiciary officially cemented a 'juristocracy,' a system where judges hold ultimate authority, according to a critical analysis. This shift, particularly under the leadership of Supreme Court President Yitzhak Amit, is accused of fundamentally undermining Israeli democracy by elevating judges and state officials above elected representatives.

The article argues that the judiciary, through decisions on issues like the reasonableness standard and appointments, has effectively become the law, echoing a sentiment previously expressed by MK Efrat Reiten who stated the Attorney General is the law. This is contrasted with Montesquieu's view of judges as mere 'mouths of the law.' The analysis points to a specific case concerning the appointment of the Civil Service Commissioner, where the Supreme Court, led by Amit, allegedly overturned previous rulings based on a perceived 'exceptional state' and political opposition to the government, rather than established legal precedent.

Further criticism is leveled at alleged manipulations of court composition by Amit to secure desired outcomes, particularly in opposition to more conservative justices like Solberg and Mintz. The piece also highlights a trend of expanding the powers of state officials at the expense of elected officials, citing a case where the court's ruling potentially hindered the Economy Minister's ability to dismiss the head of the Competition Authority.

The article concludes by accusing Amit of presiding over a 'corrupt' Supreme Court that has lost public trust and actively participates in political struggles for control of state institutions. This is seen as a continuation and exacerbation of a trend initiated by a previous ruling on reasonableness, leading to a system where officials are placed above elected officials, creating a fundamentally anti-democratic and corrupt regime.