Checks, Balances, and Appointments in the Public Service: Israeli Experience in Comparative Perspective

This article explores the process of appointing government ministers and senior executive officials in Israel. It provides several case studies of the appointment process in the 1990s, a period of hyperfragmentation in the Israeli parliament. These studies reveal evidence of gross irresponsibility in the appointment process, as well as a lack of a meaningful oversight and checks in the process. One consequence is that the Israeli High Court was asked to intervene and review and reject a number of these appointments. The article argues that although well meaning, this intervention represents a dangerous new trend; this new role for the Courts is both inappropriate and counterproductive. It is inappropriate because judicial intervention imposes a legal solution when a political solution is called for, and it is counterproductive because frequent judicial intervention weakens both the judiciary and the political process. The article concludes with a proposal for an alternative approach to cope with the lack of meaningful oversight in the political-appointment process.