Justice Minister Yariv Levin, one of the main figureheads behind the judicial overhaul plan, admitted in an interview that the original wording of the legislation to change the makeup of the judicial appointments committee “could never exist in a democratic country.” This is due to the fact, he said, that it would have led to “the three branches of government turning into one.”
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Levin gave the interview to Channel 14, which targets right-wing audiences, about two weeks ago, after the coalition had approved a new version of the law, which was portrayed as "softer" than the original.
Speaking about the legislation's original wording, he said that “I have to say in the starkest and most forthright terms – there are many entirely baseless arguments being made by the reform’s opponents, but there was one argument that, to me, was a real one."
He continued, "They contend that in a system where an unlimited number of judges can be appointed by a coalition majority, we will find ourselves in a situation where that coalition – which controls both the cabinet and the Knesset – will be able to take over the Supreme Court while in power and, in fact, create a situation where all three branches are turned into one.
“That argument is, in fact, that it could eventually lead to a constitutional crisis, a claim that cannot be ignored – that such a thing could never exist in a democratic country," Levin said. "I think that [claim] should have been acknowledged, so what we did was to simply come and say, ‘This is a valid concern, and we are responding to it.’"
In the legislative memorandum that Levin proposed, the judicial appointments committee would be expanded from nine to 11 members, including three ministers, two lawmakers from the coalition and one from the opposition, three Supreme Court justices and two public representatives chosen by the justice minister.
A simple majority will be necessary for appointing the first two judges, which in practice means that the coalition will have the ultimate power over these appointments, since most of the representatives in the committee are in the coalition – and are required to vote in accordance with the coalition’s line.
However, while approving additional appointments will also require a simple majority of six committee members, Simcha Rothman’s bill offers that at least one of the six will need to be a member of the opposition and one will need to be a Supreme Court judge
Attorney General Gali Baharav-Miara opposed the bill, writing that “judges chosen for the office by representatives who belong exclusively to the coalition majority may be perceived by the public as not independent and as judges working on the behalf of others. This may impact the legitimacy of judicial rulings."
She warned, "The exclusive grip of government representatives on the selection process will undermine the arrangement that has guaranteed the independence of the courts for 70 years."
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April 03, 2023 at 09:05PM
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Israel's Justice Minister Admits Original Judicial Coup Bill 'Couldn't Exist in a Democratic Country' - Israel News - Haaretz
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