The Reciprocal Engulfment of Law and Ethics in Israel: The Case of Appointments to Senior Positions

In Israel, the relationship between law and ethics has become increasingly
muddled in the area of public appointments, resulting in the reciprocal
engulfment of law and ethics. This Article delves into the Israeli process of
appointments to senior positions in public service, distinguishing between
appointments of elected officials and appointments to senior positions in the
civil service. Given the background of the common American and British
approach to appointments to senior public positions, whereby questions
regarding the appropriateness of such appointments are considered political
nonjusticiable questions, this Article highlights the discrepancies between the
fundamental legal framework the Israeli Supreme Court seeks to impose and
the ways in which it is implemented. This Article presents a positivistic and
normative critical evaluation of the perceived trends in Israel and proposes
new processes for appointments to senior public positions. These processes will
promote a structured, discretionary approach and will draw a rational balance
among the various relevant considerations, which include political,
professional, and ethical factors, in such a way as to reduce the reciprocal
engulfment of law and ethics.