President Isaac Herzog on Wednesday revealed his “People’s Framework” proposal to replace the government’s plans to radically overhaul the judicial system, in a primetime address to the nation in which he urged both sides of the debate “not to destroy the country” in a power struggle over the judiciary, but rather seize the opportunity for “a formative constitutional moment.”
Herzog called his plan, drafted after hundreds of hours of deliberations in recent weeks with politicians, jurists and experts from across the political spectrum, “a golden middle path” that offers the best chance for a broad national agreement on reform.
He warned that having heard first-hand from hundreds of Israelis in recent weeks their passionate views on the matter, “Those who think that a civil war is a border we won’t cross, have no idea.”
Shortly after Herzog published his offer, Cabinet Secretary Yossi Fuchs seemed to downplay it, saying it was “a unilateral proposal by the president, and not one agreed upon in any way with anyone in the coalition.”
The proposal’s central tenets, as presented in a newly launched website (Hebrew), include:
- Changes to the Judicial Appointments Committee, as demanded by the shakeup’s architects, with judges on the panel no longer able to veto candidates as they can today. However, the coalition will also not enjoy its desired automatic majority on the committee. The panel would be made up of four coalition members, two opposition members, three judges and two public representatives appointed by the justice minister in agreement with the Supreme Court president. A majority of 7 of 11 members will be required to confirm an appointment.
- Changes to Israel’s quasi-constitutional Basic Laws will require four readings at the Knesset plenum, with the fourth requiring 80 MKs in favor. Any changes to election laws would require 80 MKs in all four readings. Existing Basic Laws will be reaffirmed. Once approved, the Supreme Court will not be allowed to review Basic Laws.
- The rights to equality, free speech and protest will be set into Basic Laws.
- When reviewing legislation (beyond Basic Laws), the High Court will convene with 11 judges, with 8 judges needed to overturn a law.
- The High Court will not be able to strike down ministerial appointments or governmental policy decisions based on “unreasonableness.” However, the clause can still be used when reviewing the actions of public authorities.
- Legal advisers to the government will not become personal appointments. However, a minister will have the right to replace his legal counsel based on ongoing, significant disagreements that harm their ability to work together. A legal counsel’s position will continue to obligate the government.
“We are in the midst of a deep and worrying crisis,” Herzog said. “But I really believe with all my heart that today we also face a major, historic opportunity.”
He called his plan “an opportunity for a balanced, smart constitutional arrangement and an agreement on the relations of the authorities in our Jewish and democratic country, in our beloved country.
Prime Minister Benjamin Netanyahu chairs a cabinet meeting on the state budget, at the Prime Minister’s Office in Jerusalem on March 12, 2023. (Marc Israel Sellem/POOL)
“We are at a crossroads: a historical crisis or a defining constitutional moment.”
Last week, Herzog denounced the government’s current judicial overhaul legislation as “oppressive” and harmful to democracy, and called for it to be abandoned immediately and replaced by a framework for consensual reform.
The president said the national crisis over the coalition’s effort to weaken the judiciary was “a disaster” and “a nightmare.” He insisted it was the responsibility of “the leaders of the state” in the government to put aside the breakneck legislative charge lest the country descends into a societal and constitutional abyss.
