Israeli Parties Outline Judicial Reform Stances Ahead of Elections

As Israel approaches the 2026 general elections, political parties are articulating their positions on significant judicial reforms, a topic that has deeply divided the public. Ynet surveyed parties with a realistic chance of entering the Knesset on their views regarding judicial overhaul, the composition of the judicial appointments committee, and the Supreme Court's (Bagatz) authority. The responses were published on September 22.

The Likud party declined to participate in the survey, stating they do not engage with questionnaires.

National Unity (Yashar), led by Gadi Eisenkot, expressed a commitment to strengthening Israeli democracy and its foundations. The party criticized the "outgoing government" for attempting to disrupt the balance of power and grant excessive authority to the executive, vowing to lead a corrective process to restore public trust in democratic institutions and the rule of law through steps that enhance constitutional stability and checks and balances.

In a statement, the National Unity party, led by Naftali Bennett, declared that after the "wars between the branches of government and the 2023 fratricidal war" weakened Israel, it is time to "restore order." The party pledged to regulate relations between the Knesset, government, and judiciary, and to pass a Basic Law governing legislation, aiming to strengthen Israel's status as a Jewish and democratic state.

NDI, under Avigdor Lieberman, reiterated its intention to initiate a constitutional process for a national referendum. They believe a constitution would permanently settle democratic rules and the balance between governmental branches. NDI opposes unilateral amendments, advocating for comprehensive constitutional settlement, and noted that a plan developed by Professors Daniel Friedmann and Uriel Reichman, along with former minister Moshe Nissim, would be presented as a single package, requiring an 80-Knesset-member majority to amend.

Otzma Yehudit, led by Itamar Ben-Gvir, stated they are finalizing a detailed legal platform on judicial reform, which will be a flagship issue for the upcoming elections and released soon.

The Democrats, led by Yair Golan, proposed reforms focused on the citizen's interests, not "destroying democracy." Their plan includes establishing an appellate instance between district and Supreme Courts, strengthening arbitration, expanding judicial staff, streamlining procedures, and preventing delays. They also advocate for a comprehensive reform to solidify the separation of powers and ensure the independence of each branch.

Amcha Yisrael, led by Ofer Winter, believes the balance of power is disrupted and the judiciary has excessive authority. They propose an amendment allowing the Knesset to express the nation's will, a balanced judicial appointment process reflecting societal will, and the removal of the Bar Association from the judicial selection committee to restore public trust.

Reservists - The Economic Party, led by Yoaz Hendel and Prof. Yaron Zelicha, supports judicial changes, starting with a Basic Law on legislation. They aim to strengthen the Knesset's status and separation of powers, with Knesset members determining the balanced composition of the judicial selection committee. Overcoming Supreme Court decisions would require a 72-MK majority, and Basic Laws would need 61 MKs.

Religious Zionism - Zehut, represented by Bezalel Smotrich and Simcha Rothman, presented a plan to continue the judicial reform. Key elements include secret ballot voting by judges for the Supreme Court president, separating the Attorney General's role, and enabling the Knesset to override Supreme Court decisions on unconstitutionality. Smotrich declared the election is about judicial reform and "your freedom." The plan would make the Attorney General a government-appointed position, with ministers appointing their own legal advisors, except for the Attorney General who would be appointed based on the Justice Minister's recommendation and a public committee.

The Arab bloc, the United List, supports measures strengthening the democratic space and protecting all citizens' rights, emphasizing the need for checks and balances. They advocate for a balanced judicial appointment mechanism to preserve judicial independence and the court's duty to protect all citizens.

Ra'am, led by Mansour Abbas, declined to answer questions on judicial reform but has previously expressed disagreement with key government initiatives.

Shas and Yahadut HaTorah, ultra-Orthodox parties, are primarily concerned with bypassing a Supreme Court ruling on the conscription of yeshiva students. They criticize the judicial system for allegedly harming their sector's interests, with their support for reform measures often tied to coalition discipline.

Blue and White, led by Benny Gantz, acknowledges the judiciary's excessive and unregulated power, expressing concern about its politicization. Their plan aims to regulate Basic Laws and limit judicial intervention in government decisions, while strengthening Knesset oversight of the government.