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Time for Israel's Supreme Court to Be More Like that of the U.S.

(Jerusalem Post) Amb. David Friedman - Having practiced law in the U.S. for more than 35 years, I undoubtedly am biased in my belief that America has the world's premier judicial system. Our Supreme Court has enormous power, but also has very limited jurisdiction. The Supreme Court was given the extraordinary power to overturn an act of Congress, but only if that act violated the Constitution (and never because the law in question violated the justices' personal sensibilities). U.S. Supreme Court judges are appointed by presidents and subject to confirmation by the U.S. Senate. It's time for Israel's Supreme Court to be more like that of the U.S. Those who believe that the Israeli Supreme Court has too much power are certainly not outside the mainstream of judicial thought. Israeli Supreme Court judges are selected by a committee, the majority of whom are not politically accountable, and the Supreme Court itself even has veto power over new judicial appointments. Because Israel lacks a constitution, there is no text that prevents judges from deciding matters based upon personal views and philosophies. Those who claim that limiting the power of the Israeli Supreme Court is an attack on democracy are wrong - it is the Knesset, not the Court, that reflects the democratic will of the Israeli people. In numerous parliamentary democracies such as the UK, the Supreme Court only may interpret but not overturn a law of the parliament. Indeed, prior to 1992, the Israeli Supreme Court did not consider itself to have the power to overrule acts of the Knesset. The intellectual dishonesty permeating many of the arguments against judicial reform is quite harmful and the shrill rhetoric is breeding internal disunity and external embarrassment. The writer is a former U.S. ambassador to Israel.
2023-01-23 00:00:00
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