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Justice Ministry rep says selection reform harms democracy 'sevenfold'; Justice Solberg mulls post-election ruling

The Zioneer Intelligence DeskUpdated 14:01
Justice Ministry rep says selection reform harms democracy 'sevenfold'; Justice Solberg mulls post-election ruling

Primary source Internal intake · 1 reviewed intake signal · Desk window 13:51–14:01

TL;DR

Anner Helman, the Attorney General's representative, argued at Sunday's expanded High Court hearing that the harm to fundamental constitutional and democratic principles from the law changing the Judicial Selection Committee outweighs its benefit "sevenfold." Justice Noam Solberg raised the possibility of postponing a ruling until after the next election, according to N12.

01 · THE DISPATCH

During Sunday's expanded 11-justice High Court of Justice hearing on the Basic Law amendment that would change the composition of the Judicial Selection Committee, the state's legal representative delivered a sharp critique of the reform's implications.

Anner Helman, representing the Attorney General, told the panel that the harm to the constitutional and democratic foundations of Israel's governance structure outweighs the law's rationale "sevenfold." The argument reflects the government's legal adviser's position that the reform, which would replace Israel Bar Association representatives with Knesset appointees and eliminate the Supreme Court justices' veto over appointments to their own court, strikes at the core of judicial independence.

Justice Noam Solberg introduced a procedural possibility during the hearing: postponing the court's ruling until after the next Knesset election, effectively allowing the political process to decide the matter. The suggestion echoes a line of thinking that the court might avoid a direct confrontation with the legislature on a Basic Law amendment.

The hearing comes against the backdrop of earlier statements by Supreme Court President Isaac Amit, who warned the same panel of a "regime change" if the law is upheld, and by MK Simcha Rothman, the reform's co-author, who defended it as "moderate and balanced" and warned that striking it down would be a judicial power grab. As The Zioneer reported, the court has already asserted its authority to review Basic Laws.

The seven-justice majority or full 15-justice panel has not yet announced when it will issue a ruling.

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