After striking compromise deal, ministers Levin and Sa’ar unveil far-reaching judicial reform package

Justice Minister Yariv Levin and Foreign Minister Gideon Sa’ar unveil a far-reaching package of judicial reforms, which would slightly alter the membership of the critical Judicial Selection Committee; establish a formal mechanism for passing quasi-constitutional Basic Laws distinct from regular legislation; prohibit judicial review over Basic Laws except for those relating to voting rights; and require a majority of all justices on the High Court before Knesset legislation can be struck down.

All of the reforms would only come into effect in the next Knesset term, that is, after the next elections.

And a vote will be called next week to elect a new Supreme Court president in which Acting Supreme Court President Isaac Amit will likely be selected as the next head of the court, despite Levin’s intense opposition to his appointment.

The ministers state that the reform package was devised between the two of them, together with former cabinet minister Yizhar Shai who was a member of Benny Gantz’s now-defunct Israel Resilience party, and Brig. Gen. (Res) Dedi Simchi, and describe the agreement as “an historic amendment” one and a half years in the making.

According to the proposed reforms, the number of members on the Judicial Selection Committee will stay the same, at nine. The number of coalition members on the committee will remain at three, the number of opposition representatives will stay at one, and the number of Supreme Court justices will also remain at three.

The two representatives of the Israel Bar Association will, however, be removed in favor of attorneys with experience in litigation. One will be chosen by the coalition and one by the opposition.

Judicial appointments to lower courts will be made by a simple majority of five votes on the committee, and must include a member of the coalition, opposition, and a Supreme Court justice.

Appointments to the Supreme Court will also be made by a majority of five, and must include a member of the coalition and a member of the opposition.

This arrangement means, Levin and Sa’ar say in their joint statement, that the representatives of the Supreme Court will not have a veto over appointments to that court. At the same time, the two ministers point out, a Supreme Court justice will not be able to be appointed merely by representatives of the coalition, or by representatives of the judiciary and the opposition alone.

Under the reform package, Basic Laws will only be able to deal with key matters of the state’s Jewish and democratic identity, human rights, and aspects of government.

The legislation of Basic Laws will be different from regular laws, increasing their constitutional standing. The ministers state that it will not be possible to change Basic Laws “suddenly” or due to the needs of the coalition. They do not state exactly what the process will be for passing Basic Laws, however.