The Politicization of Judicial Selection in Israel

Abstract On March 27, 2025, Israel’s legislature passed a major revision in the Basic Law: the Judiciary, which revolutionized the system for the selection of judges in Israel. This revision will come into force after the next parliamentary elections. This Article describes the legislative revision in judicial selection and argues that it is intended to increase the weight of political considerations in the selection of judges, namely to politicize the process. In other words, it will bring to the forefront political considerations in judicial selection and will diminish the weight of professional considerations, and thus may have severe consequences for the rule of law in Israel. The purpose of the legislation as described by its promoters as well as its practical implications contravene some of the principles that stand at the basis of judicial selection, particularly professionality and preservation of judicial independence. The legislation also runs counter to trends in judicial selection in other democracies. Against the backdrop of the problematic checks and balances system in Israel, as well as the current feeble protection of judicial independence and other governmental attacks against it, the legislation undermines the ability of the courts to uphold the rule of law and protect human rights.