New ToI podcast points lens at looming, highly influential judicial reform

Is Israeli democracy in danger? A proposed High Court override clause has many concerned about a possible tyranny of the majority. Join us as a diverse set of legal experts discusses with ToI editors what’s currently at stake.

In a limited miniseries — Israel’s Judiciary: Reform or Ruin? — prominent legal scholars examine the incoming coalition’s plans to curtail the High Court’s power and explore its likely far-reaching impact on Israeli democracy and society.

The series is based on remarks made at a Times of Israel live-streamed event on December 15 at the Israel Democracy Institute in Jerusalem on the topic of judicial reform moderated by Times of Israel editor David Horovitz, but also includes separate, one-on-one interviews.

Expected incoming prime minister Benjamin Netanyahu and his bloc of right-wing and religious parties have stated that they plan to pass a High Court of Justice override law, which would effectively end the court’s ability to strike down legislation and reverse government decisions that violate fundamental rights laid out in Israel’s quasi-constitutional Basic Laws.

Legal experts opposed to the proposal argue that the High Court’s ability to strike down legislation is critical for democracy, while those on the other side of the debate assert that the lack of a legal basis for judicial review and the absence of constraints on the court itself is itself problematic.

The planned legislation, demanded by the Religious Zionist and United Torah Judaism parties as well as numerous Likud MKs, would likely allow the Knesset to re-legislate any such struck-down law or enact legislation with immunity from court review from the outset.

Voices featured in the podcast series include Dr. Tamar Hostovsky Brandes, senior lecturer, Faculty of Law, Ono Academic College; Adv. Shlomit Ravitsky Tur-Paz, director of IDI’s Joan and Irwin Jacobs Center for Shared Society and Director of Institute’s Religion and State Program; Prof. Amichai Cohen, senior fellow at the Israel Democracy Institute; Prof. Moshe Koppel, founding chairman of the Kohelet Policy Forum; Prof. Yaniv Roznai, associate professor vice dean, Harry Radzyner Law School, co-director, Rubenstein Center for Constitutional Challenges, Reichman University; Dr. Susan Weiss, founder and director, Center for Women’s Justice; Adv. Yonatan Green, executive director, the Israel Law Liberty Forum; and Rabbi Adv. Noa Sattath, executive director, Association for Civil Rights in Israel.

Hear what varied legal thinkers have to say about the notion of this judicial reform in our podcast series, Israel’s Judiciary: Reform or Ruin? More episodes are being released all this week.

Subscribe to ‘Israel’s Judiciary: Reform or Ruin?’ on Spotify, Apple Podcasts, or wherever you find your podcasts. 

Check out these Reform or Ruin? episodes:

Prof. Yaniv Roznai: The judiciary needs reform, but this override clause is dangerous

Prof. Amichai Cohen: What is the delicate balance of power in Israel’s judiciary?

Prof. Moshe Koppel: The judicial branch must be subject to checks and balances