FAQ: The Supreme Court

How Does It Function Without a Constitution?

SUPREME COURT BASICS

What are the powers of the Supreme Court?

Israel’s Supreme Court serves as both the highest appellate court and the High Court of Justice. As an appellate court, the Supreme Court considers cases on appeal from the District Courts. Convening as the High Court of Justice, it determines the legality of state actions, including reviewing the constitutionality of legislation passed by the Knesset and hearing petitions against public servants and governmental authorities.

How many justices serve on the court?

There are 15 justices on the court.

Do all justices hear every case?

Generally, panels of three Supreme Court justices hear cases; occasionally, a single judge can hear less significant cases. In cases of special importance, the Court can sit as an expanded panel with an uneven number of justices—only one case has ever been heard by the full 15-member panel.

How many cases does the Supreme Court hear each year?

About 10,000 proceedings are initiated in the Supreme Court annually.

What sorts of cases does the Supreme Court hear as the High Court of Justice?

Aside from appeals that the Supreme Court hears as the highest appellate court, it reviews Knesset legislation and petitions submitted against government policies, officials, and bodies. Over the years, the Court has struck down government legislation concerning Haredi exemption from the IDF and, in 2024, it mandated that the Knesset must begin drafting all military-age Haredi men. In the only instance where all 15 justices ever heard a case, the Court struck down an amendment to a Basic Law passed by the Knesset in 2023. Cases relating to the IDF’s authority and Knesset election rules and eligibility are also heard.

How are justices selected?

Supreme Court justices are elected by a minimum of seven of the nine members of the Judicial Selection Committee. The committee includes three Supreme Court justices, two government ministers, two members of Knesset, and two representatives of the Israeli Bar Association.

How long do justices serve?

Justices serve until mandatory retirement at age 70, unless they resign or are removed from office sooner.

SUPREME COURT: CONSTITUTIONAL REVOLUTION AND JUDICIAL REFORM

What was the “constitutional revolution”?

In a series of rulings in the 1990s, the Supreme Court determined that it possessed the authority of judicial review and other powers. Since then, the Supreme Court has struck down legislation passed by the Knesset that it determines contradicts Basic Laws. This and other powers have been criticized as overly “activist” and an unfair seizure of power from the democratically elected Knesset and Government.

Does the Israeli public trust the Supreme Court?

The Israel Democracy Institute has found that the Supreme Court regularly polls as one of the most trusted state institutions, viewed by many Israelis as the main guarantor of civil liberties and minority rights.

What were the 2023 judicial reform proposals?

In January 2023, Justice Minister Yariv Levin unveiled the government’s judicial reform package, designed to curtail the powers of the Supreme Court and to increase the authority of the government and the Knesset to check the Supreme Court. Proposed reforms included changing the judicial selection committee, legislating a Knesset override power against Supreme Court rulings, and eliminating the Supreme Court’s power to strike down government decisions deemed “unreasonable.” The judicial reform effort was put on hold after the October 7 Hamas attack.

Why did many Israelis oppose the government’s judicial reform plans?

Many Israelis opposed the judicial reform package as evidenced by the mass protests held weekly throughout 2023. One of the main reasons for this opposition was the notion that the Supreme Court is a guarantor of democracy through its protection of civil rights, particularly for minority groups like Arab citizens of Israel and members of the LGBTQ community. Opponents expressed concern that curtailing the Supreme Court’s authority or independence would leave these groups and government opponents without protection if the government were to act against them.

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