It's time for compromise in Israel over court reform

The two major issues are the proposals that the Knesset, by a simple majority, should be able to overrule nearly all Supreme Court decisions; and judges should be selected by a modified committee controlled by politicians.

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It would be a serious mistake to allow the Knesset to override all Supreme Court decisions, including those that protect minority rights, due process, freedom of speech and other core liberties. But that doesn’t mean the court should have the last word on who can serve in the government and other political and economic matters.

Some form of Knesset override might well be appropriate in such cases. It may also be appropriate to eliminate the current veto that judges have over Supreme Court appointments, while assuring that the majority are professionals, not politicians.

Both sides have exaggerated the consequences of not getting their way.

[This is an interesting fight to watch, given the similarity some of the proposals have to occasional spitballing of reform in the US. There has been talk of allowing Congress to override Supreme Court decisions, for instance, although with supermajorities in both chambers rather than simple majorities. It’s worth noting that in Israel’s multi-party parliamentary system, it might be as tough to get simple majorities on major decisions as supermajorities would be in our two-party federal system. At any rate, it makes for an interesting discussion — but as Dersh says, Israel needs to move on at some point and deal with other business. — Ed]

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