Reforms to Israel’s Judiciary Must Be Carefully Calibrated

February 6, 2023 | Peter Berkowitz
About the author: Peter Berkowitz is the Tad and Dianne Taube Senior Fellow at the Hoover Institution, Stanford University. In 2019 and 2020, he served as Director of Policy Planning at the U.S. State Department. His writings are posted at

The central topic of debate in Israel now is the new coalition government’s proposed reforms of the nation’s judiciary and unwritten constitution. Peter Berkowitz agrees that reform is necessary, but that “the proper scope and pace of reform, however, are open to debate and must be carefully calibrated.”

In particular, Berkowitz argues,

to preserve political cohesiveness, substantial changes to the structure of the Israeli regime must earn support that extends beyond these partisan divisions.

In a deft analysis of the conservative spirit in Israel, bestselling author Micah Goodman warns in the Hebrew language newspaper Makor Rishon that unintended consequences flowing from the constitutional counterrevolution are likely to intensify political instability. When a center-left coalition returns to power, Goodman points out, it may well repeal through a simple majority vote the major changes Netanyahu’s right-wing coalition seeks to enact. Or it may use the legislature’s expanded powers, say, to ram through laws that impair the religious liberty of the ultra-Orthodox. Either way, in a torn nation, constitutional counterrevolution amplifies division.

Conservatives make a compelling case that balance must be restored to the separation of powers in Israel. A prudent concern for the need to harmonize Israel’s free, democratic, and Jewish character counsels deliberation in the pursuit of necessary constitutional reform.

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