The Independence of the Courts and Israel’s National Security

Against the background of proposals for change to the judicial system in Israel and its relations with the government and the Knesset, this paper contends that loss of judicial independence and effective oversight of the government – as denoted by current political initiatives – could cause severe harm to the national security of the State of Israel.

The paper starts with an examination of whether and to what extent the independence of the courts and their supervision of the government affect Israel’s national security; this is followed by examples of judicial intervention in the political branches’ decision making and the impact on their ability to govern. Thereafter the proposed changes are assessed to determine whether they are an appropriate solution to the purported imbalance between the government branches, or instead represent an excessive blow to the courts’ independence and authority. The article concludes that the proposed changes to the status of the courts are liable to undermine national security, both in the internal and external spheres, including by diminishing Israel’s ability to defend itself against the legal and political campaign it faces in the international arena. It is the government’s prerogative to examine the existing balance between the governmental authorities and propose reforms that govern the relations between them, but reforms must be implemented in an orderly, informed manner that corrects any existing imbalance without creating a new one.

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