Articles

The concepts of a “position” and “conflict of interest” crop up frequently in the discussion of the judicial revolution - that is why the facts are so important

The battle against the judicial overhaul is not being waged only to safeguard democracy, it is also a fight to preserve Zionism itself.

The current battle in Israel is not between left and right. It is being waged between those who embrace democracy and those who want to make one last use of democracy to institute majority rule. 

President of IDI, Yohanan Plesner, describes the judicial reforms that would make Israeli democracy stronger and transform a moment of crisis into an historical constitutional opportunity.

44% of Israelis are optimistic about Israel’s external security– only 28% are optimistic regarding Israel’s internal security.

Reducing the possibility of invalidating legislation and the rest of the initiatives will further undermine the protection of the rights of the Arab minority in Israel, whose trust in the judicial system has steadily decreased in recent years - but is still high in relation to trust in other institutions.

Just one year ago, women’s representation in Israeli politics soared to an all-time high—in the Knesset, in the Government, and in local authorities. But today, we are going backwards. The approach of International Women’s Day is an appropriate time to look at the current situation and express concern as to this trend.

Some actual facts for college and university students whose teachers are under attack for teaching actual facts

The death penalty for terrorists bill may pass the Knesset in what may be a dream come true for some and a horrific nightmare for others.

If the teachers in the state system do not address current events and introduce their pupils to diverse worldviews, Israeli schools will continue to exist as a bubble.

When is the Attorney General empowered to declare that the Prime Minister is incapable of fulfilling his duties? When does temporary incapacity become permanent? What has the Court ruled in the past about a declaration of incapacity concerning Benjamin Netanyahu?

A professional opinion by the Israel Democracy Institute presented in advance of the session of the Knesset Committee on the Status of Women and Gender Equality on February 20, 2023

The question of how much power the government should wield was one that generations of halakhic decisors (poskim) worked to curtail.

The Israeli judicial system’s independence and professionalism protect IDF commanders from prosecution in international courts. A close look at the planned judicial overhaul leads to the conclusion that if implemented it would increase the risk to Israeli citizens and make it harder for the country to protect them in the future.

The proposed bill contravenes the basic values of the State of Israel, flouts international treaties Israel has signed and will limit its moral superiority over terrorists. The bill will expose Israel to harsh international condemnation, and it will hamper, rather than alleviate efforts in the war against terror.

In recent years, there have been attempts to enact the “override clause” in Israel, a legal provision that would enable the Knesset to override the Supreme Court’s rulings in cases in which it strikes down legislation. This week the Constitution, Law and Justice Committee is discussing a draft of such a law.

66% of Israelis: Supreme Court should have power to strike down laws that are incompatible with Israel’s Basic Laws | On Judicial Selection Committee: 63% Support Current Principle Requiring Agreement between Politicians and Justices.

Downgrading the independence of government legal advisers is not among the highest-profile proposals to reform the Israeli legal system being advanced by Israel’s new right-wing government, but weakening the status of government legal advisers is actually an important and troubling part of the government’s package of proposed reforms.

The proposed legislation evicerates the only check on executive and legislative power in Israel.

Increased corruption and damage to Israel's economy - four simple figures with important lessons for Israel’s judicial overhaul

Rabbinical courts, where appointments are based on political loyalty, offer a cautionary model of a judicial nightmare

Coercive regulations and enforcement, especially in democratic countries, have a more limited reach than governments are prepared to admit.

Is a deep tectonic shift taking place in ultra-Orthodox politics, as Haredi voters are finding their voice?

Since 1953, judicial appointments in Israel have been made through a Judicial Selection Committee in which legal professionals—judges and lawyers—are in the majority and politicians in the minority. The new Israeli government’s plans for legal reform turn this system on its head and allow the coalition to fully control appointments to all parts of the judiciary, thus consolidating its dominant position in all three branches of government. 

The second article in this series describes in depth how the Supreme Court used its authority, why it encountered a backlash, and what current proposals to limit the power of the Court to exercise judicial review over Knesset legislation look like.

Political discontent with the power relationship between the judiciary and the political branches has been percolating since the 1990s, often in connection with criminal proceedings against senior politicians. Prof. Amichai Cohen and Dr. Yuval Shany provide context for the ongoing debate concerning recent legal developments in Israel, so that outside observers can follow them more closely.

IDI is currently in the process of composing a revised proposal for a full constitutional arrangement for the State of Israel as it marks 75 years of independence.

Negating the plans of the other camp is not enough. The public enthusiasm present a rare opportunity, to enlist public support for strengthening and entrenching Israel’s liberal democratic identity.

To enhance ultra-Orthodox men’s prospects in the Israeli job market – new and innovate solutions, by way of education, must be put in place.

5 other ideas for upgrading Israel's judicial system – without destroying democracy, doing away with the mechanisms for oversight of the government or harming our basic rights.