The Israeli Court System and Process of Appointment of Judges and Attorney General (Non-Examinable) Flashcards
Current President of the Supreme Court.
Justice Esther Hayut.
Ayelet Shaked.
Minister of Justice in a previous government. Tried to build up on the popularity that they managed to gather in the court of their tenure as Minister of Justice; however, narrowly missed to cross the electoral threshold.
Court system in Israel.
Three levels: Supreme Court; District Court; and Magistrates’ Court.
What independent systems of courts are there?
Rabbinical courts; labour courts; and military courts.
Are individuals that do not identify Jewish subject to the rabbinical courts?
Yes.
What do the Magistrates’ Courts deal with?
Crimes with less than seven years’ imprisonment maximum, and civil claims below 2.5 million New Israeli Shekels.
What do the District Courts deal with?
Serious crimes in excess of seven years’ imprisonment and civil claims over 2.5 million New Israeli Shekels. Has residuary jurisdiction. Sit as a court of first instance and a court of appeal. Some administrative issues to take the load off of the High Court of Justice. Also recently empowered to hear petitions by West Bank Palestinians.
What are the functions of the Supreme Court?
Court of Appeal with respect to decisions rendered by the District Court as a court of first instance or as a court of administrative affairs; or as the High Court of Justice examining the legality of decisions that are rendered by any governmental body.
What is the role of a president of a court?
Decides how many judges sit on a panel.
How long are the appointments to become a president of a court?
Seven years.
Are justices assigned randomly?
No, this is not always the case.
What is the Judicial Selection Committee?
Judicial Selection Committee comprises nine members, with representatives of each of the three branches of government and the legal profession (majority of lawyers over politicians).
Who comprises of the Judicial Selection Committee?
Three justices of the Supreme Court by seniority; two representatives of the government including the Minister of Justice, who chairs; two representatives from the Knesset; and two representatives of the Israeli Bar Association (chosen by secret ballot).
What efforts are made to ensure diversity on the Judicial Selection Committee?
At least four members of the committee must be women (one from each branch).
Criticisms of Supreme Court appointments.
Require special majority, which easily leads to gridlock. In situations where there is a disagreement between the Minister of Justice and the President of the Supreme Court, the Minister of Justice can threaten to legislate to abolish the special majority government. The appointment process is shrouded in secrecy and insufficiently transparent.
