Reforming the Israeli High Court of Justice: Proposed versus Desirable

Abstract

AbstractConstitutional courts are expected to operate under certain conditions (independence, transparency, 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 Court's current legitimacy crisis: fact-finding, panel composition, standing, and judicial selection. The article examines the governmental reform plan with regard to these structural problems and proposes practical solutions for each of the problems.