Why judicial reform is essential
By Aharon Garber and Avraham Shalet, KOHELET
Like all liberal democracies, Israel needs a strong court and independent judges who will guard the rule of law, good governance, and civil and human rights.
In the past decades, the Supreme Court has empowered itself in a manner that completely violates the balance between government branches. In a series of decisions, the Supreme Court has changed the rules of the game and arrogated for itself jurisdiction which it was not given, some of these being exceptional by international standards. Against the basic concept of rule of law according to which the Court judges according to the rules set by the legislature, the Israeli Supreme Court has designed its own rules, and unilaterally taken unauthorized power, without any public legitimacy. In parallel, the Court has adopted the position that “everything is justiciable”, transforming itself into the sole adjudicator in almost all public and political controversies, large or small. The Court has interfered in issues of foreign policy, security, economic policy, and even who will receive the Israel Prize.
