Netanyahu's Judicial Reform Doesn't Go Far Enough

Judges and attorneys general throughout the world—I’ve served in both capacities in the U.S.—wield substantial authority. In any sound legal system, such authority is subject to clear, objective limits. That seemingly unexceptional principle might help clarify the debate roiling Israel over the country’s Supreme Court justices and attorney general, and Prime Minister Benjamin Netanyahu’s proposals to change that authority and the method of selecting justices.

Unlike the U.S., Israel doesn’t have a constitution to constrain court rulings. It doesn’t require that a party bringing a case have standing—a direct and personal stake in the outcome of the dispute. In Israel, anyone may file a case on any issue, which raises the ante in the current debate. Nor do Israeli courts recognize the distinction between legal issues—resolved in the U.S. by courts—and policy issues, including military tactics and cabinet appointments, which in the U.S. are left to the political branches.