Israel: Controversy over Judicial System
Changes and Proposals
August 4, 2023
In July 2023, the Israeli Knesset passed a law to limit the judiciary’s use of “reasonableness” in reviewing
government decisions. This law was one of the government’s January proposals from Prime Minister
Benjamin Netanyahu’s coalition to reduce the judiciary’s power to check government action.
The proposals—which Netanyahu and supporters say would provide corrective balance within an Israeli
system that lacks explicit constitutional boundaries to judicial review—have triggered a charged national
debate, including mass protests. Some opponents to the proposals have asserted that they might alter the
character of Israel’s democracy, potentially impacting the ongoing criminal trial against Netanyahu and
worsening tensions with Palestinians. Such changes could have implications for U.S.-Israel relations.
The coalition passed the July reasonableness law after compromise talks with opposition leaders stalled.
These talks began after Netanyahu delayed other proposals in March that would have given the
government control over Israel’s Judicial Appointments Committee (JAC) and allowed the Knesset to
override most decisions of the High Court of Justice (HCJ). Netanyahu instituted that delay in the face of
major civil disobedience, saying he wanted to “prevent civil war.”
The July legislation amends Israel’s quasi-constitutional Basic Law on the judiciary by preventing judges
from overturning administrative decisions they find “unreasonable in the extreme.” Supporters of
removing the reasonableness test argued that it infringed on the government’s popular mandate, and also
that courts could still invoke other common law doctrines—like proportionality, anti-discrimination, and
conflict of interest—to review government decisions. Opponents maintained that the reasonableness
standard was necessary to protect uncodified rights and prevent public corruption.
The Knesset may consider additional legislation affecting the JAC. Netanyahu has said that the coalition
is willing to try until sometime in November to “reach a comprehensive agreement” with the opposition,
but opposition leader Yair Lapid has demanded an 18-month moratorium on further judiciary-related
legislation before resuming talks.
