You have commented 339 times on Rantburg.

Your Name
Your e-mail (optional)
Website (optional)
My Original Nic        Pic-a-Nic        Sorry. Comments have been closed on this article.
Bold Italic Underline Strike Bullet Blockquote Small Big Link Squish Foto Photo
Israel-Palestine-Jordan
Who are the Supreme Court judges shaping Israel's destiny?
2023-09-13
[Jpost] Ask people on Israel’s streets what transpired Tuesday in the High Court of Justice, and most would probably say that a "dramatic" hearing was taking place.

Many could probably say what the hearing was about: petitions calling for the court to strike down an amendment to a basic law limiting the court’s use of the reasonableness standard to overturn government decisions.

Why are most people aware of this hearing? Because the media has been hyping this for a week as nothing less than the most important High Court of Justice case of the century — if not in the country’s history.

For a week, the term "dramatic" has been repeatedly used in television and radio reports leading up to the hearing, emphasizing that the very fate of the country rests in the hands of the 15 Supreme Court justices hearing the case.

But who are those judges shaping the country’s destiny? Who are those justices whose ruling, expected in the coming weeks or months but no later than mid-January, will profoundly influence the nation’s course for years to come?

Paradoxically, given the importance of these judges’ role, most Israelis would be hard-pressed to name five of the 15 justices sitting on the bench.

Sure, everyone has heard of Esther Hayut, the soon-to-be-retiring Supreme Court president. Many, as well, have heard of Yitzhak Amit, the man expected to replace her in a few months, and of Noam Sohlberg, who is slated to take over as Supreme Court president in five years.

But Ruth Ronnen? Yechiel Meir Kasher? Chaled Kabub? These are not exactly household names.

Even though these judges may hold the nation’s fate in their hands, most people could encounter them on the street and have no idea that they just bumped into one of the country’s top jurists.

Just as the names and faces of the majority of Supreme Court justices are not known, neither is their judicial philosophy nor politics. As such, it is easy — as some opponents of the court do — to paint the court as overwhelmingly left-wing or liberal. A closer look at the court’s composition, however, reveals a more balanced representation of conservative and liberal viewpoints than commonly believed.

Rather than framing the court as Right or Left, it is more accurate to divide it along the lines of conservative and liberal ideologies, encompassing judicial philosophy (conservative vs activist) and broader worldviews.

That a look at the individual members of the court reveals a court more balanced than popularly believed does not mean that it in any way mirrors the total mosaic of Israeli society. It does not.

Only two Mizrahi judges are on the court, even though Mizrahim make up an estimated 50% of the country’s Jewish population. There is only one Arab judge, even though Arabs constitute nearly 21% of the population.

The haredim comprise 13% of the population, but there is no haredi judge, and women — who comprise just over 50% of the population — only have six seats, or 40%, on the bench.

The settlement population is slightly overrepresented, with two Supreme Court justices (some 13% of the court) living in communities beyond the Green Line, while the percentage of Israelis living beyond the 1967 lines, including in Jerusalem, stands at about 8.5%.
Related:
Reasonableness: 2023-09-12 Estimated 47,000 rallied against overhaul at High Court on eve of pivotal hearing
Reasonableness: 2023-09-12 Israel faces constitutional crisis in historic High Court hearing
Reasonableness: 2023-09-10 Masses rally against overhaul ahead of court showdown; car rams protesters in Tel Aviv
Posted by:Grom the Reflective

00:00