The Controversies of Israel Judiciary Reform
The Controversies of Israel Judiciary Reform

Author(s): Ovidiu Horia Maican
Subject(s): Constitutional Law, Politics and law, Sociology of Law
Published by: ADJURIS – International Academic Publisher
Keywords: Israel; judiciary; Constitution; Supreme Court; judicial review; judicial independence;
Summary/Abstract: In the last months, Israel faced with a very contested and divisive draft bill from the behalf of the government, putting into discussion the relation the three powers in the state. The draft bill in the parliament is aimed at limiting Supreme Court oversight of government policy has deepened social divisions and raised concerns about a possible democratic comeback. The Knesset passed a law that overturns the "principle of common sense" used by Israel's Supreme Court to evaluate government policies. This is especially the case in Australia, Canada and the UK. Judges decide whether a particular public policy is reasonable and sound. Because Israel is a parliamentary system, the proposed reforms, including weakening judicial oversight and changing the way judges are appointed, would shake the balance of power between Israel's government agencies. Opponents argue, future changes will destabilize Israeli democracy. Supporters of the reform argue the opposite, arguing that the judiciary has become an unaccountable government agency that usurps policy-making power from the Knesset and the government.

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