Religious Zionism Party Unveils Judicial Overhaul Plan, Sparks Controversy

The Religious Zionism party, led by Finance Minister Bezalel Smotrich and MK Simcha Rothman, chairman of the Constitution, Law, and Justice Committee, has launched a comprehensive plan to reform Israel's judicial system. The proposal aims to establish a more independent and professional judiciary while empowering the government and Knesset to fulfill their mandates. Key provisions include clearly defining inter-branch relations, enhancing transparency in the legal system, and protecting individual rights.

The plan builds upon previous reform efforts, such as splitting the Attorney General's role, altering judicial selection methods, and introducing a 'override clause.' A central tenet of the new proposal is the complete separation of the Attorney General's role into a government-appointed legal advisor and an independent prosecutor responsible for criminal proceedings. It also suggests making government legal advisors political appointments and regulating the investigation of legal officials.

Regarding the Supreme Court, the plan proposes public hearings for nominees, a secret ballot among all Israeli judges for selecting the president and deputy president, and a randomized computer system for forming judicial panels. The party highlights that ten Supreme Court justices are expected to be appointed in the coming term, significantly shaping the court's future.

Further proposals include regulating constitutional review, implementing the override clause, restricting standing in legal petitions, and establishing clear procedural rules for the High Court of Justice. For governmental authority, the plan advocates for abolishing appointment committees, expanding the government's and ministers' power in appointing senior officials, and opening senior prosecution appointments to external tenders.

In terms of individual rights, the plan suggests limiting investigation and indictment durations, removing the state's ability to appeal acquittals in criminal cases, and abolishing the offense of breach of trust. It also proposes expanding the broadcasting and recording of court proceedings and strengthening oversight mechanisms for the judiciary and prosecution.

For the Knesset, the plan includes lowering the electoral threshold, establishing broader surplus vote agreements, introducing a semi-open ballot for voters to influence candidate rankings, changing Knesset member immunity mechanisms, and postponing criminal proceedings for certain offenses against prime ministers and ministers until after their terms.

Smotrich stated that the upcoming term is critical due to numerous key appointments, emphasizing the need for their plan to 'change the rules of the game' so the government can govern, the Knesset can legislate, and the judiciary operates within its defined powers. Rothman added that the plan aims to restore Israeli democracy, ensuring citizens receive true governance, security, and rule of law, preventing decisions from being made by an unelected 'deep state' of officials and judges.