Matzpen Ezrachi symbol Ezrachi

1.11 Draft May 10, 2026

Changing the method of selecting High Court of Justice judges and the President of the High Court from the "seniority" system, which is not enshrined in the Basic Law: The Judiciary, 5744-1984. (Legal reform).

✍️ Submitted by: עו”ד’ עם ותק 30 שנה במערכת המשפטית בישראל (כותב 5 )
📖 Background
Now, according to the legal definition: The President of the High Court of Justice is appointed by the President of the State, upon selection by the Judicial Selection Committee, for a term of seven years only. The President is appointed from among the judges of the Supreme Court. In practice, the Presidents of the High Court of Justice are appointed according to the seniority principle: * The Judicial Selection Committee elects the most senior judge on the High Court of Justice to the position. * All appointed Presidents of the Supreme Court were the most senior among the judges of the High Court of Justice. According to proponents of the system, the "seniority principle" is a "constitutional convention," meaning it has independent legal validity. Why change: * High Court of Justice judges determine and get involved in Knesset decisions without a decision "legally accepted in a Basic Law." * The 15 judges of the High Court of Justice choose new judges who represent "one supreme opinion." * The High Court of Justice has no representatives from the Arab sector, Haredim, or diverse political opinions. * The citizens of Israel have no influence on the election of High Court of Justice judges. In simple language: According to the existing procedure called the "seniority system" for electing High Court of Justice judges, it is impossible to introduce any outsider judge, but only someone who is within the "system with accepted opinions," and this is not in accordance with the "existing Basic Law."
📝 To organize a system of government that represents and unites the citizens of Israel
*. To regulate the selection of judges/the President of the Supreme Court in the Basic Law: The Judiciary. *. To abolish the "seniority principle" as a "constitutional convention" as entirely unlawful. Possible options: *. Selection of judges according to the Basic Law: "Referendum". *. Selection of judges according to the "Levin" reform: The Judicial Selection Committee *. 3 coalition votes *. 3 opposition votes
✅ For (1)
  • + To bring into the High Court of Justice system people who are worthy of the position, who represent diverse opinions with trust in the system, [and who] represent citizens with diverse opinions
⚠️ Against (1)
  • − The seniority system is designed to preserve judicial independence. Abolishing the seniority principle could give the government influence over decisions that are the responsibility of the Supreme Court President, harming the independence of the judiciary.