Who Governs Israel: Elected Leaders or Unelected Judges?

Throughout 2023, Prime Minister Benjamin Netanyahu’s plans for a far-reaching judicial overhaul convulsed Israel and reverberated throughout the Diaspora, with liberal American Jewish leaders joining Israeli opponents of the plan in mass protests. Critics of the reforms in Israel and abroad perceived a threat to democratic norms. Proponents saw them as necessary to correct a judicial system that served as its own master and it felt was out of step with popular sentiment.

Then came Oct. 7 and the judicial reforms were largely forgotten.

As more time passed, Netanyahu’s government did eventually manage to push through some parts of the reform agenda. But the biggest changes were blocked or passed into law with the stipulation that they would only take effect after the next election. With Netanyahu seeking another term in office on Oct. 27, his plans to overhaul the judiciary are back – and more far-reaching than they were in 2023.

This election’s impact on the court will likely be even greater given that a massive two-thirds of the court’s seats could be vacated over the next government’s full term. That would give the incoming leader power to shape the court in ways beyond the judicial reform package, which has needed Knesset support.

AFSI Insight
AFSI supports judicial reform that restores a proper balance between Israel’s elected government, Knesset, and judiciary. Unelected judges and legal bureaucrats should not have the power to override the decisions of elected representatives without clearly defined constitutional limits. A strong democracy requires both an independent judiciary and accountable elected leadership, with individual rights protected and each branch operating within its proper authority. The proposed reforms deserve serious consideration as Israel works to restore that balance.

Source:
Judicial reform 2.0: How Netanyahu’s plans to reshape the courts could affect Israel’s democracy, by Tomer Almagor/Jewish Telegraphic Agency, September 18, 2026

 

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