A New Deal to the Israeli Judicial System

Moshe Cohen-Eliya and Iddo Porat

At the time we are writing these lines, it seems that the emerging right-wing government in Israel will be able to fulfill its full ambition and apply a major change in the justice system, without balancing elements. However, in a democratic political system one must remember that such radical moves can act as a double edge sword, and a future left-wing government will be able just as easily to cancel all the actions of the current government. Therefore, what is required is principles "behind a veil of ignorance" according to the well-known metaphor of John Rawls. The emerging right-wing government would do well to take into account that only arrangements with which each of the political parties can live in peace can ensure stability and prevent Israel from entering into a cycle of reforms and counter-reforms. In this paper we have tried to offer guiding principles for this type of arrangements.

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