Vogelman slams efforts to weaken judiciary, scolds Levin for stalling on appointment of new Supreme Court president
Jeremy Sharon is The Times of Israel’s legal affairs and settlements reporter
Outgoing Acting Supreme Court President Uzi Vogelman insists in his retirement speech at the Supreme Court that judicial independence is critical for protecting civil rights, upholding the rule of law, and protecting democracy in Israel, and criticizes efforts by the government to weaken the judiciary since it took office.
Vogelman was speaking in front of all the 11 other serving Supreme Court justices, as well as Justice Minister Yariv Levin – whose attempted overhaul to drastically curtail the judiciary’s powers was fiercely opposed by the outgoing acting president – as well as Attorney General Gali Baharav-Miara, all living former Supreme Court justices, and numerous other legal dignitaries.
“The executive branch of government in our system [of governance] has unprecedented power,” says Vogelman, due to what he said was its control over the Knesset and the lack of checks and balances in Israel that are inherent in other democracies, and asserted that “the need for effective judicial review” of government actions was crucial as a result.
Vogelman also scolded Levin, without mentioning his name, for refusing to allow a new Supreme Court president to be appointed over the last 12 months. Vogelman has served as acting president due to the absence of a permanent president, although he had said he would not be a candidate for the position since he would only have a year before his mandatory retirement at age 70.
The outgoing president said it was crucial to appoint a new president and to fill three open spots on the Supreme Court bench, which Levin has also refused to do, adding that “the need for broad agreement, which no one disagrees with, cannot come at the expense of quality judges,” in a reference to Levin’s position and the recent High Court ruling that the justice minister must hold a vote in the Judicial Selection Committee on a new president despite this stance.
“In this way we can ensure that the court will continue to fill its critical function in defense of the rule of law and human rights in Israel,” averred Vogelman.
Vogelman will be succeeded as acting president by Justice Isaac Amit, who as the most senior judge on the bench is also in line to become permanent president with the backing of at least five members of the Judicial Selection Committee when a vote is called later this year.