Judicial Selection Committee (Israel)
Prior to the establishment of the State of Israel on May 14, 1948, by its Declaration of Independence, courts and justices were chosen by the British Mandate, incorporating and adding to earlier Ottoman law.
The five judges were appointed on a partisan basis: the court president Moshe Smoira and Yitzhak Olshan were identified with Mapai; Menachem Dunkelblum was associated with the General Zionists; Rabbi Simcha Assaf represented the religious faction; and Zalman Cheshin was mistakenly considered to be a revisionist, although in fact he belonged to the Haganah.
The composition of the court radically changed after Barak's retirement and the appointment of more centrist or right-wing ministers of justice including Tsippi Livni, Gideon Sa'ar and Ayelet Shaked.
Specifically, Levin's "overhaul" includes replacing the two members of the Israel Bar with representatives of the public to be appointed by the Minister of Justice.
Opponents of the government on this issue warn that these changes would lead to the politicization of the committee based on the political views and affiliations of its members rather than professional skills.
[9] At the time of Levin's attempted judicial overhaul, the court was thought to be evenly balanced with conservative and liberal judges split almost down the middle.
His opponents criticized his appointment as a political maneuver to influence the judicial system, specifically the case against Olmert's close friend and important ally, and Friedmann's predecessor as Justice Minister, Haim Ramon.
[14] He had some highly publicized encounters with Supreme Court President Dorit Beinish and her predecessor, Aharon Barak, over his reform proposals and other related matters.
[citation needed] Prior to his appointment as Justice Minister, Professor Daniel Friedmann had written that it was crucial to make changes in the composition of the committee.
[clarification needed] Another suggestion to change the composition of the Judicial Selection Committee was made recently by Mordechai Heller, a right-wing supporter of the government's judicial overhaul, He suggested an appointments system reminiscent of the federal courts in the United States, and to some extent the method that was used in Israel before 1953: authorizing the Prime Minister to propose candidates who would be appointed by the Knesset after a public hearing process.
In contrast, the Israeli Democracy Institute supports leaving the status quo intact, and includes the existing system in its proposed Constitution without any changes.
He argued that although the Israeli system is not free of problems, it still topped all the suggestions to improve it, and that on this matter it was better that other countries learn from Israel and not the opposite.
In June 2009, with the selection to the committee of the two right-wing Members of Knesset, Uri Ariel (National Union), and David Rotem (Yisrael Beiteinu), a conflict erupted between the various factions of MKs.
The first committee meeting brought about a fundamental change in the appointing process when it was ruled that candidates will need to undergo tests and a course adjustment, and will be evaluated by a psychologist to examine their mental suitability—against the fierce opposition of Chief Justice Dorit Beinish.
Only Israel and five other countries place the power to determine the identity of all or most of the members of the constitutional court in the hands of entities who are not elected public officials.
The authors conducted a study of 66 countries categorized as "free states" by Freedom House, a USA-based organization that monitors and supports democratic progress around the world.
