(Also published in Hebrew in ramatgannet.co.il, ra’anananet.co.il and in Givatayimnet.co.il – newspaper in Israel)
At the end of the year, in November 2026, Israel will reach Election Day for the Knesset.
In my assessment, the central issue of the election will be the judicial overhaul and the takeover of the judicial branch over the functioning of the other two branches the government and the Knesset. (According to Montesquieu, democracy is built on three independent branches, elected by the people.)
The judicial branch consists of the legal system the various courts headed by the Supreme Court, the police, the State Attorney’s Office, and the Attorney General.
Today, the legal system functions as an opposition to all government actions, interfering unlawfully in Knesset decisions (striking down Knesset laws), filing fabricated indictments aimed at harming those who stand in its way, and providing legal advice based on political agendas rather than on existing law.
I do not intend to discuss the election results. There are many polls from various media outlets, and each person will rely on the poll that speaks to them. It is clear that whoever forms the next coalition will choose their path in dealing with the judicial system.
Unfortunately, at present, I do not see a serious opposition. The opposition is combative and loud, but highly fragmented, and therefore cannot truly serve as an alternative to the coalition.
Moreover, the large number of small opposition parties will cause many of them to fail to pass the electoral threshold, resulting in wasted votes that will strengthen the coalition parties. It follows that the struggle over Israel’s judicial system will be handled by the same coalition.
And so, we return to the only real opposition in the country the judicial system!
The judicial system is now fighting for its life.
The Attorney General opposes everything the government seeks to do by issuing “legal opinions” that are not even based on citations from the law books.
Such a low level of legal advice has never existed. The role of legal counsel is to present the legal options available to the government. Instead of advising the government, the Attorney General fights the government and seeks to run it (to run it without taking responsibility for the outcomes).
For example, I will mention the Attorney General’s opposition to establishing a parity (50–50) commission of inquiry, with equal representation from the opposition and the coalition.
In a previous article, I explained the government’s authority to establish various commissions of inquiry according to the law. By law, only the government determines the subjects and boundaries of the investigation.
Unfortunately, most citizens are unaware of this, and believe that a state commission of inquiry is one whose subjects and procedures are determined solely by the President of the Supreme Court! but this is not the case!
The Attorney General insists on a state commission of inquiry whose members are chosen by the President of the Supreme Court, based on the clear assumption that he will select people who share his and her agenda, thereby preserving the power of the “deep state“.
The government is aware of President Amit’s desire to appoint his associates, who would steer the investigation according to his and their political agenda.
The government presented to the Knesset a proposal never seen before! a parity commission of inquiry in which half the members would be from the coalition and half from the opposition, even though the opposition’s strength is half that of the coalition (68 coalition members versus 42 opposition members).
The opposition announced that it would not cooperate and would not send representatives to this commission.
I propose a solution!
Since the opposition refuses to cooperate, the second half of the parity commission could be composed of judges from the Supreme Court. After all, the opposition wants the President of the Supreme Court to determine the members of the commission.
It is reasonable to assume that the opposition refuses to cooperate with the parity commission because it believes the commission’s subject matter will be used against the coalition during the election campaign.
Let us now return to the upcoming elections.
As stated above, the main issue will be the power of the judicial branch and the power of the “deep state,” which relies on the legal system.
The people must reclaim their power and their right to choose (judges appoint themselves without public influence).
Moreover, there is no system that oversees the conduct of the Supreme Court or the State Attorney’s Office. not even the State Comptroller!
The question arises: What can be done? How can we save democracy in Israel?
The State of Israel has no constitution. A constitution must be enacted! A constitution would define the powers and the limits of all state institutions.
Israel must establish a Constitutional Court that alone will review the legality of laws!
The judges of the Constitutional Court should be elected in free elections, not appoint themselves.
The expected result is that a Constitutional Court will neutralize the Supreme Court’s overreach toward elected officials.
Dr. Yeshayahu (yishy) Bick yishybick@gmail.com 28/12/2025
