Netanyahu asserts ‘majority will’ as Israel passes controversial law to select judges
Bloomberg |
Mar 27, 2025 02:16 PM IST
Israel’s parliament passed a law increasing the role played by politicians in selecting judges, including to the Supreme Court
Israel’s parliament passed a law early Thursday increasing the role played by politicians in selecting judges, including to the Supreme Court, drawing furious criticism from opposition leaders over what they see as a threat to democracy and unity.
Israel's Prime Minister Benjamin Netanyahu said the tyranny of the small minority will not overcome the will of the great majority.(AFP)
Israel's Prime Minister Benjamin Netanyahu said the tyranny of the small minority will not overcome the will of the great majority.(AFP)
After a marathon overnight debate, with tens of thousands of protesters outside — joined by opposition leaders, who boycotted the final vote — the law was passed 67 to 1.
“The government of Israel has just approved a law with one goal — to ensure that judges become subject to the will of politicians,” opposition leaders said in a joint statement, vowing to repeal it if they win the next election.
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The legislation, put forward by the ruling coalition of Prime Minister Benjamin Netanyahu, reduces the influence of high-court judges and leaders of the bar on the selection committee, shifting the balance to politicians and lawyers chosen by party leaders.
Anti-government demonstrators carry pictures of Israeli hostages during a protest outside the Israeli parliament in Jerusalem on March 26, 2025, calling for an end to the war in Gaza, the return of all the hostages held by Hamas and against the judicial reform project.(AFP)
Anti-government demonstrators carry pictures of Israeli hostages during a protest outside the Israeli parliament in Jerusalem on March 26, 2025, calling for an end to the war in Gaza, the return of all the hostages held by Hamas and against the judicial reform project.(AFP)
Anti-government demonstrations have resumed in recent weeks against both the return to war against Hamas in Gaza — where hostages remain in captivity — and on judge selection and efforts to fire the attorney-general and head of the domestic security service. These are all steps seen by opponents as anti-democratic because they increase executive power.
In a Wednesday speech in the Knesset, or parliament, Netanyahu rejected that argument.
“It’s not democracy that’s in danger, it’s the rule of the bureaucrats,” he said. “Democracy is first and foremost the rule of the people. The tyranny of the small minority will not overcome the will of the great majority.”
Political Appointments
In some democratic countries, including the US, elections play a major role in shaping the judiciary. US presidents nominate federal judges and Supreme Court justices, and the Senate approves or rejects them, often on political grounds.
In Israel, as in a number of European countries, the judiciary has been more cordoned off from politics, with judges and legal associations playing a major role in selecting those who sit on the bench.
Anti-government demonstrators raise flags and placards as they protest outside the Israeli parliament in Jerusalem on March 26, 2025, calling for an end to the war in Gaza, the return of all the hostages held by Hamas and against the judicial reform project.(AFP)
Anti-government demonstrators raise flags and placards as they protest outside the Israeli parliament in Jerusalem on March 26, 2025, calling for an end to the war in Gaza, the return of all the hostages held by Hamas and against the judicial reform project.(AFP)
While Netanyahu’s coalition is dominated by populist right and religious parties, the judiciary has remained more liberal and has stopped laws it says violates human rights, especially of minorities. That’s been a source of relief to the center and left and of frustration to the government and its supporters.
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Shortly after taking office in late 2022, the government vowed to overhaul the judiciary in numerous ways. This included changes to the selecting of judges, and to the powers of both the Supreme Court and legal advisers. Hundreds of thousands took part in weekly street demonstrations against the proposals, led by the secular hi-tech sector concentrated in Tel Aviv.
After some aspects were blocked by the Supreme Court and Hamas attacked Israel in October 2023, leading to the war in Gaza, the government pulled back from the overhaul. Now it’s slowly reviving it, saying it has a mandate.
The new judge selection law is a compromise from the first bill put forward. The nine-member committee will now include three high court justices, three politicians from the ruling coalition, one from the opposition and one lawyer appointed by the government and a second by the opposition. A simple majority will prevail.
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Under pressure from the opposition over the potential for political appointments, the law requires a candidate be at least 55 years old and that two thirds of the Supreme Court consist of judges elevated from lower courts.
Netanyahu was at one time a champion of the Israeli legal system. But after he was indicted on bribery and fraud, he became an angry critic, accusing prosecutors of a political witch hunt. His coalition partners, especially the ultra-Orthodox parties, also want a weaker high court.
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