The Forum actively opposes initiatives and actions aimed at abolishing the independence of the judiciary and subordinating it to the government and to partisan political considerations of the executive branch, as well as initiatives aimed at limiting democratic institutions, equal and free elections, the right to equality, freedom of speech, freedom of religion, and other human rights.
The joint activity of the members of the Forum expanded and became partially institutionalized in view of the legal reform presented by the coalition in the 25th Knesset at the beginning of 2023.
[8] Members of the Forum include, among others, Prof. Yaniv Roznai and Prof. Adam Shinar (Reichman University), Prof. Margit Cohn, Prof. Eyal Benvenisti, Prof. David Kretzmer, Prof.
The Forum supports increasing diversity in the judicial system, but claims that the coalition's proposal will lead to the appointment of ideologically biased judges, chosen only because of their political loyalty.
The Forum also addresses the government's policy towards Palestinians in the occupied West Bank, warning that the amendment could even further weaken "the highly limited legal protections they have enjoyed until now.."[16] According to the Forum, legislation to develop Israeli administrative law (which is currently judge-made) should consist of norms that apply to the administration rather than those that limits of the courts' authority.
Some of the mechanisms that are found abroad but do not exist in Israel are a comprehensive and rigid constitution, a bi-cameral parliament, a presidential system of government, a federal structure, regional elections, or the subordination of national legislation to supra-national courts that protect human rights and basic democratic principles.
The Forum argues that selective borrowing of arrangements that strengthen the government's power in foreign countries without the mechanisms that balance them will create a flawed legal structure in Israel.
[12] Some of the forum positions are based on the opinions of experts from the countries whose constitutional arrangements the coalition purports to import to Israel, including Great Britain[18] and Switzerland.
[23] The Forum states that the proposed measures are completely contrary to the recommendations of the Venice Commission of the Council of Europe, of which Israel is a member, in at least three aspects: the methods of selecting judges, the procedure for making constitutional changes, and respecting the principles of the rule of law.
According to the Forum, if the proposals are passed, Israel's weak checks and balances system will be similar to that of countries such as Poland, Hungary and Turkey.
[27] Palestinians: The Forum notes that the transfer of the responsibility and management of the West Bank to civilian hands according to the power sharing agreement between the current Minister of Defense and the additional minister in the Ministry of Defense dated February 23, 2023 is an explicit and public surrender of the management of the West Bank to national and social considerations of the state, which is in contravention of international law.
According to the Forum, the agreement is an open and official step that gives validity to the claims that Israel uses the practice of apartheid, which is prohibited under public international law.
According to the Forum, the coalition's effort to expand the jurisdiction of the rabbinic courts raises doubts about the sincerity of its alleged intention to correct supposed problems of the secular legal system.
They emphasized that the coalition's control of the committee for the selection of judges should be prevented, that there is a need to enact a Basic Law on legislation, and that it is necessary to anchor the protection of human rights.
[48] It maintained that circumscribing judicial review justifies the empowerment of the Knesset (rather than of the government as proposed by the coalition), and that any decision on the matter should be adopted by an especially large parliamentary majority, which includes opposition members.
With regard to provisional arrangements pending the adoption of a comprehensive constitution on the basis of the existing basic laws and in accordance with the spirit of the Israeli Declaration of Independence, the Forum sets out minimum requirements.
These include: Forum members participated in the Knesset Constitution, Law and Justice Committee discussions that dealt with the proposed regime changes.