Israel’s High Court of Justice heard on Sunday, in a full bench of all Supreme Court justices, petitions seeking to strike down the Basic Law amendment that changes the makeup of the committee that selects judges. It is only the second time in Israel’s history that the court has convened all of its justices for such a case.
The amendment, passed by the Knesset in March last year and due to take effect with the next Knesset, increases the political weight on the committee at the expense of professional representatives. Under the law, the two representatives of the Israel Bar Association are replaced by two lawyers, one chosen by the coalition and one by the opposition. For Supreme Court appointments, the previous requirement for a special majority was removed, and if two seats on the Supreme Court remain vacant for a year without agreement, coalition and opposition members each submit three candidates and the other side must choose one.
Petitioners, including the Israel Bar Association, the Movement for Quality Government in Israel, the Association for Civil Rights in Israel, Yesh Atid lawmakers Karin Elharrar and Yoav Segalovich, and additional citizens, argued that the change badly harms judicial independence and makes appointments political. They warned that judges would effectively become observers in Supreme Court selection.
Attorney General Gali Baharav-Miara backed the petitioners, saying the law is unconstitutional and damages the separation of powers, which she described as the main safeguard against abuse of government power and against violations of human rights. The government, represented by Dr. Yaakov Ben-Shemesh, said the petitions should be dismissed because the court lacks authority to review Basic Laws on the grounds of “prematurity,” since the law does not apply to the current Knesset and the next Knesset may decide whether to activate it. The government also argued that the change does not severely damage Israel’s core character as a Jewish and democratic state.
