Day 464 - New judicial overhaul plan raises eyebrows and hackles
Jan 12, 2025
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Legal reporter Jeremy Sharon provides keen insights into a newly unveiled judicial overhaul in Israel that raises concerns about increased political control over judicial appointments. He discusses the implications of this controversial package and the High Court's recent ruling on Haredi enlistment in the IDF, pressing the government for accountability. Sharon emphasizes how these developments are intertwined with ongoing political tensions and societal impacts, particularly regarding civil rights and military service obligations.
The new judicial overhaul plan in Israel aims to increase political control over judicial appointments, raising concerns about reduced judicial independence.
The High Court is demanding the government address the low enlistment rates among the ultra-Orthodox community in the military.
Deep dives
Judicial Reform Package Unveiled
A new package of judicial reforms in Israel aims to enhance political influence over judicial appointments while limiting the high court's powers to invalidate legislation. This reform, proposed by Justice Minister Yarev Levine and Foreign Minister Gidon Saar, seeks to change the composition of the Judicial Selection Committee, replacing Bar Association lawyers with politically appointed lawyers. The reforms also propose to reduce the threshold of votes required for appointing a Supreme Court president, effectively minimizing judicial input in these critical decisions. Critics highlight that these changes could lead to increased politicization and reduced professional oversight in an already contentious judiciary landscape.
Basic Law Amendments and Their Implications
The proposed reforms include modifications to how basic laws are enacted, aiming to give them greater constitutional weight but lacking clarity on the specifics of this legislative process. Currently, basic laws can be passed with a simple majority, raising concerns about potential abuses of power by future governments. Advocates of stricter requirements argue that a larger majority should be needed to enact basic laws, thereby ensuring broader consensus and safeguarding civil rights. The uncertainty surrounding the proposed changes creates apprehension among those wary of undermined democratic protections.
High Court's Enforcement of Haredi Drafting
The High Court of Justice is pressing the Israeli government to provide updates on efforts to maximize enlistment from the ultra-Orthodox community, facing the challenge of significant non-compliance with military service mandates. Recent reports indicate that despite issuing thousands of enlistment orders, only a small fraction of ultra-Orthodox individuals have responded, prompting concerns about enforcement efficacy. The court has demanded a clear explanation of recruitment strategies and measures taken to address the low enlistment rates, particularly in light of ongoing security needs. With upcoming proposals from the new Defense Minister regarding Haredi enlistment, the situation remains contentious and unresolved.
Late last week, almost two years exactly to the unveiling of the initial judicial overhaul legislative package, Justice Minister Yariv Levin and Foreign Minister Gideon Sa’ar unveiled a far-reaching package of changes to Israel’s judicial system which would increase political power over judicial appointments and curb the High Court’s ability to strike down legislation. The new package would stop short of some measures that sparked massive anti-government protests in 2023, but are potentially just a beginning. We unravel the new initiative and try to understand its implications.
The High Court of Justice on Friday gave the state until the end of January to explain what steps it was taking to maximize Haredi enlistment to the Israel Defense Forces and to penalize draft dodgers. The instruction came in response to several petitions calling for the immediate conscription of all previously exempt ultra-Orthodox men. We learn about the court's impatience with the government's lack of action on this flashpoint issue.
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IMAGE: Foreign Minister Gideon Sa'ar (left) with Justice Minister Yariv Levin at the Knesset on November 6, 2024. (Yonatan Sindel/Flash90)