Israel’s judicial reform worries many
2022.12.09 01:23
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Israel’s judicial reform worries many
Budrigannews.com – A U.S. legal scholar who has advised a number of Israeli leaders opposes the judicial reforms proposed by the hard-right government headed by Prime Minister-designate Benjamin Netanyahu, warning that the country’s democratic credentials may suffer.
The Israeli Supreme Court, whose independence from the fractious Knesset parliament and occasional legislative interventions Alan Dershowitz, emeritus professor at Harvard University, has cited in his pro-Israel advocacy, is a focus of the proposed overhaul.
A greater level of government and parliamentary involvement in the selection of justices is desired by some members of both Netanyahu’s Likud party and his religious-nationalist coalition allies. They likewise need Knesset powers, they say, to supersede High Court decisions.
They say that the bench is not representative of the public and that the court has too much power. Israelis who oppose the reforms see the court as a safeguard for minority rights and the separation of the state and the synagogue.
During his visit to Israel on Thursday, Dershowitz stated, “There should be no override whatsoever on issues of basic liberty – gay rights, equality for Arabs, and voting issues.” He discussed the matter with Netanyahu, President Isaac Herzog, and figures from the far right.
“Those are the core of what the Supreme Court ought to be doing without having to be concerned that a political majority of one could basically undo important and significant human rights,”
“It would make my job a lot harder in defending Israel in human rights courts, in the court of public opinion, on university campuses,” Dershowitz stated of a general override.
“The judiciary is the most important part of Israel’s system of checks and balances, and it is a gem.” It is revered everywhere in the world.”
He suggested that Israelis might reach a compromise by agreeing to exclude the Supreme Court from political or economic decisions that do not involve human rights or by requiring a clear majority vote rather than the proposed 61 out of 120 lawmakers for overrides.
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Dershowitz shot down the idea that the Israeli government should have more control over the nine-member committee that chooses Supreme Court justices or that nominations should be reviewed by the Knesset.
Three justices, two ministers, two Knesset members, and two lawyers make up the committee.
He stated, “I think the (Israeli) system is much better than the one in the United States.” Numerous unqualified justices have been appointed politically to the United States Supreme Court. The confirmation hearings in the Senate are a disaster.”
Dershowitz stated that his fifty years of research into Israel’s Supreme Court had convinced him of its political fluidity, rejecting calls for the bench to more accurately reflect the electorate.
He stated, “It’s supposed to be elitist, non-representative, and distant.” Because it is counter-majoritarian, a good court ought to be criticized by both sides.”
