Israel: New Procedure of the Appointment of Ombudsman of Judiciary underway

This development is fundamentally to be welcomed. It creates more control through elected representatives. The elites of the deep state can no longer recruit themselves and empower themselves at will. That’s the idea.

Constitutional backdrop: The Constitution, Law and Justice Committee, chaired by MK Simcha Rothman (Religious Zionism), convened on Monday and continued to prepare for the second and third readings of the Ombudsman of the Israeli Judiciary Bill (Amendment No. 6) (Electing the Ombudsman), 2024, sponsored by Committee Chair MK Rothman.

The Committee suggests that a proposal for a candidate for the post of Ombudsman of the Israeli Judiciary will be submitted by the Minister of Justice or by ten Members of the Knesset, and the ombudsman will be finally elected by the Knesset Plenum, in a secret ballot, by a special majority of seventy MKs.

Basically, a good proposal which is by far better than the actual procedure. However, only one entity should have the right to suggest. Either the governmental entity (represented by the Minister as written) or the legislative entity (ten members of the Knesset submit a proposal).

Why? You are creating a constitutional conflict. That is neither sensible nor desirable. What if both parties put forward a proposal? That way it makes little sense. It is international custom and also corresponds to the logic of democracies with a check and balance mechanism, that the minister proposes and parliament votes. A quorum of 70 is appropriate.

This proposal is an expression of consensus-based nonsense, which is counterproductive in a democracy with a check and balance principle. A problem that permeates Israel’s politics. Decision-makers in Israel must learn not to always hide behind the babble of commissions and committees that follow very opaque rules.

Israel should use the opportunity to finally create clear regulations with checks and balances and clear responsibilities. This also means that it is not only important how the ombudsman is elected, but his tasks and powers must also be re-regulated.

The arguments of the opposing side are all without substance. They try to fend off any idea of ​​control, appointment or selection by the people (represented by the Legislative) by making the idea of ​​the independence of the judiciary absolute.

This type of (invalid) argumentation of absolutist judicialism has long been considered obsolete in Europe and the USA and has long been refuted. Here, the check and balance system has been put in place.

Of course, left-wing circles are trying to politicize the judiciary by only allowing self-recruiting judges under the cloak of professionalism aka bureaucracy of the deep state determine who is eligible and who is not.

Finally, as in the motherland of democracy, the UK, at the end of the day, the three branches of government are in a check and balance, but primus inter pares is and will always be the people, i.e. the Legislative.

The Legislative always have the last word. Just as no judge, ombudsman, etc. can repeal a single constitutional provision made by the parliament. Only the people can do this, if at all. We, the people. Finally, no democracy knows about a fourth power, that of “professionalism” aka self-recruiting bureaucracy.

Israel has a very strange combination of legal positivism and natural law. As we know, the two positions cannot be combined. As a Jewish state, there can only be a natural law position.

Said this you can agree with Rothman’s conclusion although it’s missing courage and confidence: “In the end, election by the Knesset is not a bad thing. It can lead to understanding and consensus. Since the appointment is for five years, [the ombudsman] is independent of the moment of the appointment; he is not accountable to the Knesset, he is not dependent on the Knesset administratively, and the Knesset is not supposed to give him instructions on what to examine. He will enjoy broad public confidence. We may create a combined mechanism in which a search committee proposes several candidates to the Knesset“

In any case, Israel needs a written constitution adopted by a referendum of the people.

Pic AI-generated. Non-realistic.