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Supreme Court of Israel

Coordinates: 31°46′51″N 35°12′13″E / 31.78083°N 35.20361°E / 31.78083; 35.20361
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Supreme Court of Israel
Hebrew: בית המשפט העליון
Arabic: المحكمة العليا
Emblem of Israel[1]
Map
31°46′51″N 35°12′13″E / 31.78083°N 35.20361°E / 31.78083; 35.20361
Established1948; 76 years ago (1948)
LocationGivat Ram, Jerusalem
Coordinates31°46′51″N 35°12′13″E / 31.78083°N 35.20361°E / 31.78083; 35.20361
Composition methodPresidential appointment upon nomination by the Judicial Selection Committee
Authorised byBasic Laws of Israel
Number of positions15
Websitehttps://supreme.court.gov.il
President
CurrentlyYitzhak Amit (acting)
Since1 October 2024
Lead position endsTBD
Jurist term ends20 October 2028
Deputy President
CurrentlyVacant
SinceTBD

The Supreme Court of Israel (Hebrew: בֵּית הַמִּשְׁפָּט הָעֶלְיוֹן, romanized: Bet HaMishpat HaElyon, Hebrew acronym Bagatz; Arabic: المحكمة العليا, romanized: al-Maḥkama al-‘Ulyā) is the highest court in Israel. It has ultimate appellate jurisdiction over all other courts, and in some cases original jurisdiction.

The Supreme Court consists of 15 judges appointed by the President of Israel, upon nomination by the Judicial Selection Committee. Once appointed, Judges serve until retirement at the age of 70 unless they resign or are removed from office. Yitzhak Amit became the acting President of the Supreme Court of Israel on 1 October 2024 after Vogelman stepped down, until a permanent president is appointed by the Judicial Selection Committee, which may take place sometime in November.[2]

The Court is situated in Jerusalem's Givat Ram governmental campus, about half a kilometer from Israel's legislature, the Knesset.

When ruling as the High Court of Justice (Hebrew: בֵּית מִשְׁפָּט גָּבוֹהַּ לְצֶדֶק, Beit Mishpat Gavo'ah LeTzedek; also known as its acronym Bagatz, בג"ץ), the court rules on the legality of decisions of State authorities: government decisions, those of local authorities and other bodies and persons performing public functions under the law, and direct challenges to the constitutionality of laws enacted by the Knesset. The court may review actions by state authorities outside of Israel.

By the principle of binding precedent (stare decisis), Supreme Court rulings are binding upon every other court, except itself. Over the years, it has ruled on numerous sensitive issues, some of which relate to the Israeli–Palestinian conflict, the rights of Arab citizens, and discrimination between Jewish groups in Israel.

On 24 July 2023, the Knesset passed a bill to prevent the Supreme Court from 'consider[ing] the reasonableness of a decision of the government, the prime minister, or any other minister',[3] which would diminish the power of the Supreme Court to check future actions of the government.[4] On 1 January 2024 the Supreme Court overturned the bill in an 8-7 decision.[5][6][7]

Judicial appointments

The Supreme Court of Israel with Prime Minister Benjamin Netanyahu and then-President Reuven Rivlin, 2015

Supreme Court Judges are appointed by the President of Israel, from names submitted by the Judicial Selection Committee, which is composed of nine members: three Supreme Court Judges (including the President of the Supreme Court), two cabinet ministers (one of them being the Minister of Justice), two Knesset members, and two representatives of the Israel Bar Association. Appointing Supreme Court Judges requires a majority of 7 of the 9 committee members, or two less than the number present at the meeting.

All candidates for appointment to the Supreme Court must have a minimum of five years of experience as a district court judge or otherwise at least ten years of professional legal experience including a minimum of five years practicing law in Israel. These requirements may be waived for a person recognized as an "eminent jurist", although this special category has only been used once for an appointment.[8]

The three organs of state—the legislative, executive, and judicial branches of government—as well as the bar association are represented in the Judges' Nominations Committee. Thus, the shaping of the judicial body, through the manner of judicial appointment, is carried out by all the authorities together.

Supreme Court Judges cannot be removed from office except by a decision of the Court of Discipline, consisting of judges appointed by the President of the Supreme Court, or upon a decision of the Judicial Selection Committee—at the proposal of the Minister of Justice or the President of the Supreme Court—with the agreement of seven of its nine members.[9]

The following are qualified to be appointed Judge of the Supreme Court: a person who has held office as a judge of a District Court for a period of five years, or a person who is inscribed, or entitled to be inscribed, in the roll of advocates, and has for not less than ten years –continuously or intermittently, and of which five years at least in Israel – been engaged in the profession of an advocate, served in a judicial capacity or other legal function in the service of the State of Israel or other service as designated in regulations in this regard, or has taught law at a university or a higher school of learning as designated in regulations in this regard. An "eminent jurist" can also be appointed to the Supreme Court.

The number of Supreme Court Judges is determined by a resolution of the Knesset. Currently, there are 13 Supreme Court Judges with 2 vacant places.

At the head of the Supreme Court and at the head of the judicial system as a whole is the President of the Supreme Court, and the Deputy President. A judge serves until reaching 70 years of age, or the judge resigns, dies, is appointed to a position which is disqualifying from continued service as a judge, or is removed from office.

Current judges

As of October 2024, the Supreme Court judges are:

Position Judge Nominated by Appointed by Start date Tenure as president Expected retirement
Acting President of the Supreme Court

Yitzhak Amit

יצחק עמית

(1958, Israel)

Yaakov Neeman Shimon Peres 14 October 2009 – 20 October 2028
Supreme Court Judge

Noam Sohlberg

נעם סולברג

(1962, Israel)

21 February 2012 – 22 January 2032
Supreme Court Judge

Daphne Barak-Erez

דפנה ברק-ארז

(1965, United States)

31 May 2012 – 2 January 2035
Supreme Court Judge

David Mintz

דוד מינץ

(1959, UK)

Ayelet Shaked Reuven Rivlin 13 June 2017 N/A 8 May 2029
Supreme Court Judge

Yosef Elron

יוסף אלרון

(1955, Israel)

30 October 2017 N/A 20 September 2025
Supreme Court Judge

Yael Willner

יעל וילנר

(1959, Israel)

N/A 22 September 2029
Supreme Court Judge

Ofer Grosskopf

עופר גרוסקופף

(1969, Israel)

27 March 2018 – 12 October 2039
Supreme Court Judge

Alex Stein

אלכס שטיין

(1957, USSR, now Moldova)

9 August 2018 N/A 27 October 2027
Supreme Court Judge Gila Canfy-Steinitz גילה כנפי-שטייניץ

(1958, Israel)

Gideon Sa'ar Isaac Herzog 6 March 2022 N/A October 2028
Supreme Court Judge Khaled Kabub ח'אלד כבוב

(1958, Israel)

9 May 2022 N/A 3 March 2028
Supreme Court Judge Ruth Ronnen רות רונן

(1962, Israel)

9 June 2022 N/A November 2032
Supreme Court Judge Yechiel Kasher יחיאל כשר

(1961, Israel)

N/A 9 June 2031
Supreme Court Judge – seat vacant – – – – – –
Supreme Court Judge – seat vacant – – – – – –

Keren Azulay and Lior Mishaly Shlomai serve as the Court Magistrate Judges (or "Registrars").[10]

Court presidents

Below is a list of presidents of the Supreme Court.

Roles of the Supreme Court

Appellate court

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As an appellate court, the Supreme Court considers cases on appeal (criminal, civil, and military ) on judgments and other decisions of the District Courts. It also considers appeals on judicial and quasi-judicial decisions of various kinds, such as matters relating to the legality of Knesset elections and disciplinary rulings of the Bar Association.

High Court of Justice

As the High Court of Justice (Hebrew: בית משפט גבוה לצדק, Beit Mishpat Gavo'ah LeTzedek; also known as its acronym Bagatz, בג"ץ), the Supreme Court rules on matters within its original jurisdiction, primarily regarding the legality of decisions of State authorities: Government decisions, those of local authorities and other bodies and persons performing public functions under the law, and direct challenges to the constitutionality of laws enacted by the Knesset. The Israeli Defense Forces are also subject to the HCJ's judicial review.[11]

The court has broad discretionary authority to rule on matters in which it considers it necessary to grant relief in the interests of justice, and which are not within the jurisdiction of another court or tribunal.[12] The High Court of Justice grants relief through orders such as injunction, mandamus and Habeas Corpus, as well as through declaratory judgments.

Further hearing

The Supreme Court can also sit at a “further hearing” on its own judgment. In a matter on which the Supreme Court has ruled, whether as a court of appeals or as the High Court of Justice, with a panel of three or more Judges, it may rule at a further hearing with a panel of a larger number of Judges. A further hearing may be held if the Supreme Court makes a ruling inconsistent with a previous ruling or if the Court deems that the importance, difficulty or novelty of a ruling of the Court justifies such hearing.

Composition

The Supreme Court, both as an appellate court and the High Court of Justice, is normally constituted of a panel of three Judges. A single Supreme Court Judge may rule on interim orders, temporary orders or petitions for an order nisi, and on appeals on interim rulings of District Courts, or on judgments given by a single District Court judge on appeal, and on a judgment or decision of the Magistrates’ Courts.

The Supreme Court sits as a panel of five Judges or more in a rehearing on a matter in which the Supreme Court sat with a panel of three Judges. The Supreme Court may sit as a panel of a larger uneven number of Judges than three in matters that involve fundamental legal questions and constitutional issues of particular importance.

Presiding Judge

In a case on which the President of the Supreme Court sits, the President is the Presiding Judge; in a case on which the Deputy President sits and the President does not sit, the Deputy President is the Presiding Judge; in any other case, the Judge with the greatest length of service is the Presiding Judge. The length of service, for this purpose, is calculated from the date of the appointment of the Judge to the Supreme Court.

Retrial

A special power, unique to the Supreme Court, is the power to order a retrial on a criminal matter in which the defendant has been convicted by a final judgment. A ruling to hold a retrial may be made where the Court finds that evidence provided in the case was based upon lies or was forged; where new facts or evidence are discovered that are likely to alter the decision in the case in favor of the accused; where another has meanwhile been convicted of carrying out the same offense and it appears from the circumstances revealed in the trial of that other person that the original party convicted of the offense did not commit it; or, where there is a real concern for miscarriage of justice in the conviction. In practice, a ruling to hold a retrial is very rarely made.

Judicial opinions

The Court announces its judgments through individually signed opinions setting out the result and underlying reasoning. In general, there is a lead opinion for the majority, but there is no "opinion of the Court" as such. Each participating Judge will either note that she or he concurs in the lead opinion (and possibly another opinion as well) or write a separate concurrence. It is not unusual for most or all of the participating Judges to write separately, even when they agree as to the outcome.

The Court's opinions are available in Hebrew on its own website and from Nevo. A relatively small subset has been translated into English. These are available in a searchable online database at Versa. They can also be found on the Court's own site and have been published in hard copy in annual volumes by William S. Hein & Co. as the Israel Law Reports. In addition, the Israel Ministry of Foreign Affairs, in cooperation with the Court, has published three volumes of English translations of selected decisions entitled Judgments of the Israel Supreme Court: Fighting Terrorism within the Law. These are part of the Versa database and also can be found online at the MFA's website.

Intervention

In the 1980s and the 1990s, the Supreme Court established its role as a protector of human rights, intervening to secure freedom of speech and freedom to demonstrate, reduce military censorship, limit the use of certain military methods[13] and promote equality between various sectors of the population.[14] However critics question the role of the court in protecting the human rights of Palestinians in the West Bank and point to double standards in their application.[15]

Public perception

According to a 2017 poll by non-profit organization Israel Democracy Institute, the Supreme Court is the only State institution that the majority of both Jewish (57%) and Arab citizens of Israel (54%) have trust in,[16] marking a slight increase from their 2016 poll.[17]

The Institute's 2017 poll on the statement "[t]he power of judicial review over Knesset legislation should be taken away from the Supreme Court" found that 58% of Israelis disagree, 36% agree, and 6% do not know.[18]

Trust in the court has since dropped dramatically, with a 2022 poll shows trust in the court dropping to just 41% among Jews,[19] and opposition to an "override clause", allowing the Knesset to nulify supreme court decisions with a 61 vote majority, dropping to just 48%.[20]

Judicial reform attempt

The 2023 Israeli judicial reform is a proposed series of changes to the judicial system and the balance of powers in Israel put forward by the current Israeli government, and spearheaded by Deputy Prime Minister and Minister of Justice Yariv Levin and the Chair of the Knesset's Constitution, Law and Justice Committee, Simcha Rothman. It seeks to curb the judiciary's influence over lawmaking and public policy by limiting the Supreme Court's power to exercise judicial review, granting the government control over judicial appointments and limiting the authority of government legal advisors. If adopted, the reform would grant the Knesset the power to override Supreme Court rulings by a majority of 61 or more votes, diminish the ability of the court to conduct judicial review of legislation and of administrative action, prohibit the court from ruling on the constitutionality of basic laws, and change the makeup of the Judicial Selection Committee so that a majority of its members are appointed by the government. On 24 July 2023, the Knesset passed a bill that curbs the power of the Supreme Court to declare government decisions unreasonable.[21][22] On 1 January 2024, the court ruled, by a narrow 8-to-7 majority, that the Knesset law blocking the court's use of the "reasonableness" doctrine was unconstitutional, overturning the law—thus self-validating, reasserting and reinforcing the court's own authority to use the "reasonableness" standard, at its discretion, to review and overturn Knesset-passed laws.[23][24][25] At the same time, by a broad 12–3 majority, the court ruled that it had the right to review any Knesset-passed Basic Law, and decide on its constitutional legitimacy, so as to "intervene in those rare and exceptional cases wherein the Knesset exceeds its Constitutive authority."[23][24][25] The rulings were seen as a major defeat for Netanyahu and Levin, but likely not the final word on the issue.[23][24][25]

Since the reform failed, since 2023, Levin trying to assert greater control over the judiciary, has blocked the accession of Amit as permanent president, who should be appointed based on the longstanding seniority-based system.[26] In September 2024 he was ordered by the Supreme Court to convene the Judicial Selection Committee and elect a new president for the Supreme Court as quickly as possible, which means Amit will most likely become the next permanent president of the Supreme Court against Levin's wishes.[27]

Architecture

An aerial photo of the Supreme Court building covered in snow
Mosaic pavement recovered from the ancient Hamat Gader synagogue

The building was donated to Israel by the Jewish philanthropist Dorothy de Rothschild.[28] Outside the President's Chamber has displayed the letter Ms. Rothschild wrote to Prime Minister Shimon Peres expressing her intention to donate a new building for the Supreme Court.[29]

It was designed by Ram Karmi and Ada Karmi-Melamede and opened in 1992.[30] According to the critic Ran Shechori, the building is a "serious attempt to come to grips with the local building tradition". He writes that,

It makes rich and wide-ranging references to the whole lexicon of Eretz-Israel building over the centuries, starting with Herodian structures, through the Hellenistic tomb of Absalom, the Crusaders, Greek Orthodox monasteries, and up to the British Mandate period. This outpouring is organized in a complex, almost baroque structure, built out of contrasts light-shade, narrow-wide, open-closed, stone-plaster, straight-round, and a profusion of existential experiences.[31]

Paul Goldberger of The New York Times calls it "Israel's finest public building," achieving "a remarkable and exhilarating balance between the concerns of daily life and the symbolism of the ages." He notes the complexity of the design with its interrelated geometric patterns:

There is no clear front door and no simple pattern to the organization. The building cannot be described solely as long, or solely as rounded or as being arranged around a series of courtyards, though from certain angles, like the elephant described by the blind man, it could be thought to be any one of these. The structure, in fact, consists of three main sections: a square library wing within which is set a round courtyard containing a copper-clad pyramid, a rectangular administrative wing containing judges' chambers arrayed around a cloistered courtyard and a wing containing five courtrooms, all of which extend like fingers from a great main hall.[32]

The building is a blend of enclosed and open spaces; old and new; lines and circles.[30] Approaching the Supreme Court library, one enters the pyramid area, a large space that serves as a turning point before the entrance to the courtrooms. This serene space acts as the inner "gatehouse" of the Supreme Court building. The Pyramid was inspired by the Tomb of Zechariah and Tomb of Absalom in the Kidron Valley in Jerusalem.[30] Natural light enters round windows at the apex of the pyramid, forming circles of sunlight on the inside walls and on the floor.[33]

See also

References

  1. ^ Version of emblem of Israel used by the Judicial Authority. court.gov.il
  2. ^ "Vogelman retires as Supreme Court president in shadow of severe judiciary-gov't clash". Times of Israel.
  3. ^ Levush, Ruth. "Israel: Legislation Abolishes Reasonableness as a Standard for Judicial Review of Government's Decisions". Library of Congress. Retrieved July 5, 2024.
  4. ^ Reasonableness bill passes 64-0 after compromise falls at last minute
  5. ^ "High Court strikes down reasonableness amendment". Globes. January 1, 2024. Retrieved January 1, 2024.
  6. ^ "High Court ruling undoes sole achievement of government's judicial overhaul". The Times of Israel. January 1, 2024. Retrieved January 1, 2024.
  7. ^ Edwards, Christian (January 2, 2024). "What we know about Israel's Supreme Court ruling on Netanyahu's judicial overhaul". CNN. Retrieved January 2, 2024.
  8. ^ "The Judiciary: The Court System". Archived from the original on June 15, 2013.
  9. ^ "The Judiciary: The Court System". Israel Ministry of Foreign Affairs.
  10. ^ Justices and Registrars of the Supreme Court
  11. ^ Watt, Horatia Muir; Arroyo, Diego P. Fernández (2014). Private International Law and Global Governance. OUP Oxford. ISBN 978-0-19-104337-6.
  12. ^ Coercing Virtue: The Worldwide Rule of Judges / Robert Bork (2003) ISBN 0-8447-4162-0 Chapter 4
  13. ^ Samia Chouchane, « The judicialization of the Israeli military Ethics. A political analysis of the Supreme Court's role in the Israeli-Palestinian conflict », Bulletin de Recherche du Centre de Recherche Français à Jérusalem, 20 | 2009 [1]
  14. ^ Dorit Beinish (December 6, 2002). "Protecting Democracy and Human Rights in Tense Times: the Israeli Supreme Court". Israel21c.org. Retrieved September 8, 2011.
  15. ^ Shamir, Ronen (1990). "Landmark Cases and the Reproduction of Legitimacy: The Case of Israel's High Court of Justice". Law and Society Review. 24 (3): 781–805. doi:10.2307/3053859. JSTOR 3053859.
  16. ^ "IDI Releases 2017 Israeli Democracy Index". en.idi.org.il. Retrieved September 20, 2018. – Direct link to poll graph on State institutions
  17. ^ "IDI Releases 2016 Israeli Democracy Index". en.idi.org.il. Retrieved September 20, 2018. – Direct link to poll graph on State institutions
  18. ^ "IDI Releases 2017 Israeli Democracy Index". en.idi.org.il. Retrieved September 20, 2018. – Direct link to poll graph on the Supreme Court
  19. ^ ohadr (January 6, 2022). "נמשכת הירידה באמון הציבור בבית המשפט העליון". מקור ראשון (in Hebrew). Retrieved January 6, 2023.
  20. ^ "N12 - סקר מיוחד של "אולפן שישי": מה חושב הציבור על המינוי של..." N12. November 26, 2022. Retrieved January 6, 2023.
  21. ^ Goldman, Paul; Sanchez, Raf; Smith, Patrick; Siemaszko, Corky (July 24, 2023). "Israeli parliament passes key part of Netanyahu's divisive judicial overhaul plan". NBC News. Retrieved July 26, 2023.
  22. ^ Kaplan Sommer, Allison (July 24, 2023). "Israel's Democratic Crisis | Can Israel's Supreme Court Disqualify the First Law of Netanyahu's Judicial Coup?". Haaretz. Retrieved July 26, 2023.
  23. ^ a b c "Israel-Hamas War: Israeli Supreme Court Decision Prompts Polarized Response in a Nation at War," January 1, 2024, New York Times, retrieved August 3, 2024
  24. ^ a b c "Israel Supreme Court strikes down judicial reforms", January 1, 2024, BBC News, retrieved August 3, 2024
  25. ^ a b c "Israeli Supreme Court hands Netanyahu a loss on judicial overhaul as Hamas war rages," January 1, 2024, Fox News (with the Associated Press), retrieved August 3, 2024
  26. ^ "Supreme Court head rejects Levin plan to make conservative judge chief justice for a year". Times of Israel.
  27. ^ "High Court orders Levin to appoint new court president; he calls its ruling undemocratic". Times of Israel.
  28. ^ New York Times Obituary – Dorothy de Rothschild
  29. ^ The Judicial Authority Tour of Supreme Court – The Presidents Chamber
  30. ^ a b c "Supreme Court of Israel, Official Website". Elyon1.court.gov.il. Retrieved September 8, 2011.
  31. ^ ""Architecture in Israel 1995–1998", The Israel Review of Arts and Letters – 1995/99-100". Mfa.gov.il. Retrieved September 8, 2011.
  32. ^ "Paul Goldberger, "ARCHITECTURE VIEW; A Public Work That Ennobles As It Serves"". The New York Times. August 13, 1995. Retrieved September 8, 2011.
  33. ^ Tourism.gov.il (March 5, 2011). "Supreme Court building". Tourism.gov.il. Retrieved September 8, 2011.
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