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ZOA: Israel’s Reasonable Judicial Reform Proposals Are Good for Democracy, the Rule of Law and the Economy

By Morton A. Klein and Elizabeth Berney, Esq.


The Left has been screaming that the new Israeli government’s judicial reform proposals are “extreme” and “the end of democracy.” However, honest examination reveals that the Israeli Supreme Court has extraordinary, autocratic, unchecked power; and that reform is desperately needed, and will be good for democracy, the rule of law and Israel’s economy.


Democracy is rule “of the people, by the people, for the people.” Israeli and U.S. legislatures and executives are democratically elected and answerable to the public.


But U.S. and Israeli judicial systems are vastly different, starting with judicial selection. The U.S. public selects judges through its democratically elected representatives: The president nominates new justices; the Senate decides whether to confirm them; and Congress has the power to impeach Justices.


By contrast, in Israel, the Supreme Court self-selects and self-ousts its own justices. The Court has the controlling vote and veto on a 9-person “judicial selection committee” that selects new judges. The Knesset has no power to impeach justices. Justices can only be removed by the same “judicial selection committee” controlled by the Israeli Supreme Court, or by a disciplinary court appointed by the Israeli Supreme Court.


The Israeli Supreme Court’s “self-selection” and continuing control over the Court’s composition has enabled the Court to seize and maintain enormous, unchecked power.

 

Thus, in a Wall Street Journal op-ed, Minister Bezalel Smotrich suggested adopting a democratic U.S.-style judicial selection process. ZOA previously made the same sensible suggestion. Promoting democratic judicial selection is surely not an “extreme” position.

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Founded in 1897, ZOA played a key role in the Jewish State's re-establishment. Today, ZOA is the leading major American Jewish organization courageously defending Israel and the Jewish people; fighting against all forms of antisemitism, including anti-Jewish boycotts; and promoting the Jewish people's lawful right to live in and settle historic Jewish lands. ZOA exposes that a Palestinian state would endanger Israel's existence; presents the facts about the Arab/Islamic war against Israel; and combats the anti-Israel lie that Israel is an "occupier" of her own land. ZOA spearheaded long battles to move the U.S. embassy to Jerusalem, and apply civil rights protections to Jewish students. ZOA provides free legal assistance and programs to pro-Israel students at numerous college campuses. ZOA's bold, unapologetic voice has a significant impact on public discourse and policy.

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