Prime Minister Benjamin Netanyahu’s coalition enacted legislation on Thursday granting politicians increased control over the selection of judges, part of a contentious initiative to overhaul the Israeli judiciary that had previously sparked significant unrest in the country.
Israel’s Parliament, consisting of 120 seats, passed two laws following an hourslong overnight debate, with the opposition largely boycotting the vote. The new legislation modifies the committee responsible for appointing judges, including those for the Supreme Court, prompting critics to warn that this change will politicize the judiciary.
This law represents a resumption of a two-year effort by Netanyahu’s coalition to expand its influence over other branches of government. Prior to the conflict with Hamas that erupted in October 2023, Netanyahu had attempted similar reforms amid widespread protests, but temporarily halted his push to maintain wartime unity.
Netanyahu has now returned to the judicial reform agenda, alongside attempts to weaken other state oversight bodies. He is also seeking to remove both the attorney general and the head of the domestic intelligence service.
While the recent laws are less extensive than earlier proposals, they pose a risk of reigniting the controversies that arose before the war, even as fighting continues between Israel and Hamas in Gaza.
Protesters gathered outside the Parliament in Jerusalem on Wednesday, displaying Israeli flags and voicing opposition to the legislation. However, some demonstrators also called for an immediate agreement with Hamas to secure the release of hostages in Gaza, reflecting a division among Netanyahu’s opponents.
During a passionate address in Parliament, Netanyahu argued that his government's actions are necessary to correct what he described as an unelected "deep state," echoing sentiments similar to those of former President Trump. He asserted, "Democracy is not in danger. The rule of bureaucrats is in danger. The deep state is in danger."
In contrast to the United States, Israel has a single nine-member committee legally designated to appoint judges, including Supreme Court justices. This committee historically included five members who are current Supreme Court justices or expert lawyers from the Israeli bar association, along with four politicians representing both the coalition and the opposition.
Netanyahu’s coalition has long sought to increase its power within the committee, aiming to influence the selection of future judges. Justice Minister Yariv Levin, who spearheaded the overhaul, initially proposed legislation that would allow the coalition to dominate the committee.
Critics have argued that enhancing the ruling coalition's power in selecting judges who review its legislation would eliminate one of the few checks on executive authority in Israel, a country without a formal constitution.
Levin characterized the legislation passed on Thursday as a compromise, stating it did not reach the extremes that critics had feared. Under the new system, political appointees—one from the coalition and one from the opposition—will replace two experts from the Israeli bar association.
Additionally, the requirement to appoint a new Supreme Court justice has shifted from a supermajority of seven to a simple majority, providing politicians and their appointees with greater flexibility.
Yedidia Stern, a law professor advocating for a middle ground on the judicial reform, expressed concern that the changes would still politicize the judicial selection process and likely lead to the appointment of more extreme justices to the Supreme Court.
With politicians and their representatives now controlling six of the nine seats on the committee, the selection of justices is expected to become influenced by political maneuvering, according to Stern.
He asserted that the coalition's simultaneous push for multiple divisive reforms seeks to overwhelm a war-weary public, potentially undermining effective opposition. "They have managed to exploit the war—and the energy it has drained from the public—to create tectonic changes in Israeli democracy," he said. "I don’t think we can say that Israel is no longer democratic. But if this goes through, it will be a far weaker democracy."
The legislation is part of a broader trend that critics view as an attempt by Netanyahu and his allies to consolidate power. Recently, Netanyahu dismissed Ronen Bar, the head of the Shin Bet security service, citing a loss of trust. Bar had been involved in investigations concerning potential Qatari interference in Israeli governance.
Shortly thereafter, the government initiated the process to dismiss Gali Baharav-Miara, the attorney general, who has frequently clashed with Netanyahu on various policies. Baharav-Miara oversees the prosecutors currently pursuing corruption charges against Netanyahu, and critics have noted that a new attorney general could potentially suspend or terminate these proceedings. Netanyahu has denied any wrongdoing.