Reforming the Israeli High Court of Justice: Proposed Versus Desirable

Abstract

Constitutional Courts are expected to operate under certain conditions (independence, transparency, and democratic pedigree) and to resolve controversies in accordance with legal rules, principles, and procedures. When these expectations are repeatedly frustrated, the legitimacy of the Court is damaged, and it is perceived as a partisan institution. This Article discusses four structural problems in the operation of the Israeli High Court of Justice, which have contributed significantly to the HCJ's current legitimacy crisis: fact-finding, panel composition, standing, and judicial selection. The Article examines the government reform in regard to these structural problems and proposes practical solutions to each of the problems.

Keywords: Israel, Supreme Court, Fact-finding, Panel Composition, Standing, Judicial Selection.