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ONLiNE UPSC
The recent changes to Israel's legal system are designed to limit the powers of the Supreme Court while altering the process for selecting judges. These reforms reflect significant shifts in the balance of power between the judiciary and the elected branches of government.
One of the major provisions is the restriction of the Supreme Court's ability to overturn decisions made by the legislature and executive branches. The Knesset (Israeli parliament) would gain the authority to override Supreme Court decisions with a simple majority. This aims to reduce judicial oversight and enhance the influence of elected officials in governance.
The reforms also remove the Supreme Court's power to review the legality of Israel's Basic Laws, which function similarly to a constitution. Previously, the Supreme Court could assess these laws for constitutionality and ensure adherence to democratic and human rights principles. The elimination of this review power could raise significant concerns regarding civil liberties and the preservation of democratic ideals.
The proposed reforms would modify the current selection process for Supreme Court justices. At present, an independent panel comprising both politicians and judges is responsible for these appointments. The new changes would increase government influence in judicial appointments, potentially politicizing the judiciary and jeopardizing its independence.
Another key aspect of the reforms is the abolition of the "reasonableness doctrine," which the Supreme Court used to assess government policies. This doctrine allowed the court to evaluate whether a government policy was rational. Critics argue that its removal might weaken checks and balances within the judicial system, raising alarms about the potential for authoritarianism and diminished accountability.
The principle of separation of powers is critical for a functioning democracy, ensuring a balance among the executive, legislative, and judicial branches. Critics of the reforms express concern that they may disrupt this balance, favoring the government and the Knesset, which could lead to an erosion of checks and balances and a compromised judiciary.
Supporters of these reforms contend that the judiciary has become unaccountable and has overstepped its boundaries by interfering with policies set by the Knesset and government.
Q1. What are the main aims of the legal reforms in Israel?
Answer: The reforms aim to limit the Supreme Court's powers, change the judge selection process, and abolish the reasonableness doctrine, impacting judicial independence.
Q2. How will the reforms affect the Supreme Court's authority?
Answer: The reforms will allow the Knesset to override Supreme Court decisions, reducing its ability to check legislative and executive actions.
Q3. What is the significance of Basic Laws in Israel?
Answer: Basic Laws act like a constitution in Israel, outlining fundamental rights and the structure of government, which the Supreme Court currently reviews for legality.
Q4. Why is the reasonableness doctrine important?
Answer: The reasonableness doctrine enables the Supreme Court to evaluate the rationality of government policies, ensuring accountability and sound governance.
Q5. What concerns do critics have about these legal reforms?
Answer: Critics worry that the reforms may lead to authoritarianism by undermining judicial independence and eroding democratic checks and balances.
Question 1: What does the recent legal reform in Israel primarily aim to do?
A) Strengthen the judiciary
B) Limit the Supreme Court's powers
C) Increase civil liberties
D) Enhance international relations
Correct Answer: B
Question 2: What authority will the Knesset gain under the new reforms?
A) To appoint judges
B) To override Supreme Court decisions
C) To review Basic Laws
D) To increase judicial independence
Correct Answer: B
Question 3: What is the role of Basic Laws in Israel?
A) They are guidelines for government
B) They function as the country's constitution
C) They limit executive power
D) They are merely suggestions
Correct Answer: B
Question 4: Which doctrine was abolished by the reforms affecting government policies?
A) Accountability doctrine
B) Reasonableness doctrine
C) Separation of powers doctrine
D) Human rights doctrine
Correct Answer: B
Question 5: What concern do critics express regarding the reforms' impact on democracy?
A) Increased political participation
B) Strengthened judicial oversight
C) Erosion of checks and balances
D) Enhanced civil rights
Correct Answer: C
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