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A Debate about Judicial Reform

Hosted by World Mizrachi

On April 26th at the World Orthodox Israel Congress, World Mizrachi hosted a panel discussion on the pro-
posed judicial reform in Israel. Featuring three prominent legal experts from Israel, the discussion was infor-
mative, as well as a model of civil discourse on this burning issue in Israeli society. Professor Moshe Koppel
is the founder of Kohelet Policy Forum, Professor Yedidia Stern is the President of the Jewish People Policy
Institute, and the discussion was moderated by Nitsana Darshan-Leitner, founder of Shurat HaDin.

This is a summary of the discussion – a link to watch or listen to the full
discussion (about 50 minutes) appears at the end of the article.

Nitsana Darshan-Leitner: Good morning everyone, and welcome in the past few decades, so that is why there is now the need to
to this important discussion. Professor Koppel – the Kohelet reform the courts to check their power.
Forum that you founded has been advocating for judicial reform,
a policy the government has now followed. Why do we need NDL: So, Professor Stern, it seems like there is the need for
judicial reform? What was wrong in the past 75 years of Israel reform? If judges can just say things aren’t reasonable, maybe
that suddenly the legal system needs to change? that is too much power and there is the need for a change?

Prof. Moshe Koppel: Every democracy needs checks and bal- Prof. Yedidia Stern: Yes, there is the need for a change, but
ances between the different branches of government. The courts removing the court’s independence is not the right change. When
check the power of the legislature and executive to see that they Justice Minister Yariv Levin announced his plans on January 4th,
are acting legally and constitutionally, but there is also a need 2023, I turned to my wife and said this is going to be a bigger
for a check on the court’s power, especially as the other branches social protest than Oslo, the disengagement. What is so threat-
need to be re-elected, the courts do not. So what are the checks ening to people like myself and half of the country with these
and balances on judges? In other countries there are many proposals?
checks on judges. Not everything is justiciable, meaning there are In Israel we do not have a constitution, the rules of the game.
areas such as foreign relations and war that the courts will not We do not agree about the future of this place, and vision of the
get involved in. The courts will not hear a case unless the person future of Israel, but underlying that we do not have the rules of
petitioning was personally affected by the government. The court the game of how to conduct our disputes. Whoever is in power
will only strike down a law that is unconstitutional. The court can change the rules and do as they want.
has a list of rules it uses to judge administrative actions, it can’t
just say ‘we don’t like that action.’ In almost every democratic The only thing that can protect individuals from the government
country the courts are appointed by elected officials. All five and legislature are the courts. Us in the room, primarily Religious
of these limitations on the court do not exist in Israel, largely Zionists – we are a minority in Israel. Who protects our rights?
because they have been removed by the courts own decisions The Supreme Court is the only one who protects our rights.

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