Sat Sep 28 13:41:05 UTC 2024: ## Israel’s Judicial Reform: A Compromise in the Making

**Jerusalem, Israel** – Despite the ongoing war, the contentious debate over judicial reform in Israel continues to dominate the political landscape. Larry M. Goldstein, a commercial and patent lawyer, argues that while the current system is unsustainable, a complete dismantling of judicial review is equally unacceptable.

Goldstein identifies three key truths:

1. **The current system is not viable:** The blurring of roles between the judicial, executive, and legislative branches has created a chaotic and unstable system.
2. **Complete elimination of judicial review is impossible:** Such a move would concentrate political power in the executive branch, posing a serious threat to democratic principles.
3. **A new reality will emerge:** The inevitable compromise will likely leave both the political left and right dissatisfied.

Goldstein highlights several specific concerns with the current system:

* The Supreme Court’s overreach into areas of “justiciability,” making decisions traditionally reserved for the other branches.
* The court’s application of the “reasonableness” doctrine, allowing judges to substitute their own values for established policies.
* The transformation of the Attorney General into a mini-court, effectively creating a system where one branch dictates the law to the others.

While the political right seeks to curb judicial power, Goldstein argues that a completely unchecked executive branch is equally problematic. Instead, he proposes a series of reforms that aim to clarify the roles of each branch and ensure a more balanced system.

These proposed reforms include:

* **Classifying cases as “constitutional” or not.**
* **Requiring an expanded hearing for constitutional cases.**
* **Establishing a supermajority requirement for decisions that change the status quo.**
* **Subjecting constitutional decisions to legislative review.**
* **Creating a dedicated constitutional court to handle constitutional issues.**
* **Redefining the role of the chief legal counsel in ministries.**

While these reforms may not satisfy everyone, Goldstein believes they will ultimately create a more stable and equitable system. He warns that the process will be fraught with conflict, but ultimately, a compromise will be reached, establishing a new legal regime in Israel.

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