Articles

Default Image

Articles Search

Filter

Close Filter
Making Ministry Legal Advisors Political Appointees Goes Against Jewish Law
Op-ed

Making Ministry Legal Advisors Political Appointees Goes Against Jewish Law

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

play

How will the judicial reform impact Israel's hi-tech sector? Shlomo Dovrat

How will the judicial reform impact Israel's hi-tech sector? Shlomo Dovrat, co-founder and General Partner at Viola Ventures, Chairman of the Aaron Institute for Economic Policy explains the crucial role the hi-tech industry plays in Israel's economy and the stark implications of the judicial overhaul on its future.

play

Nobel Prize Winning Economists on Implications of the Judicial Overhaul

Prof. Eric Maskin and Prof. Paul Milgrim, both Nobel Prize laureates, express their concern over the proposed judicial overhaul during a special conference held at IDI on the econonic consequences of the reform.

The Judicial Reforms Implications on Israel's Standing in the International Courts
Op-ed

The Judicial Reforms Implications on Israel's Standing in the International Courts

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.

Death Penalty for Terrorists Bill is Not Constitutional and Will Deal Grievous Harm to Israel
Article

Death Penalty for Terrorists Bill is Not Constitutional and Will Deal Grievous Harm to Israel

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.

How Often Does the Supreme Court Invalidate Legislation?
Article

How Often Does the Supreme Court Invalidate Legislation?

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.

Only a Minority of Israelis Support the Proposed Judicial Overhaul
Press Release

Only a Minority of Israelis Support the Proposed Judicial Overhaul

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.

No More Legal ‘Gatekeepers’? Plans to Downgrade the Status of Government Legal Advisers in Israel
Op-ed

No More Legal ‘Gatekeepers’? Plans to Downgrade the Status of Government Legal Advisers in Israel

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.

Why are Liberal Israelis so Terrified of Bibi’s Judicial Reforms?
Op-ed

Why are Liberal Israelis so Terrified of Bibi’s Judicial Reforms?

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

Checks and Balances, Public Corruption, and Economic Development
Article

Checks and Balances, Public Corruption, and Economic Development

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

We Already Know the Future of Israel’s Courts. It’s Not Good.
Op-ed

We Already Know the Future of Israel’s Courts. It’s Not Good.

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

play

Prof. Suzie Navot Presents Principles for Constitutional REform

"Lets talk about the rules of the game to ensure that Israel remains both Jewish and democratic, today and tomorrow"

Israeli Gov't Depends on Citizens Voluntarily Cooperating
Op-ed

Israeli Gov't Depends on Citizens Voluntarily Cooperating

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

There’s a New Player in Haredi Politics: Voters
Op-ed

There’s a New Player in Haredi Politics: Voters

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

The Fight Over Judicial Appointments in Israel
Op-ed

The Fight Over Judicial Appointments in Israel

Since 1953, judicial appointments in Israel have been made through a Judicial Selection Committee in which legal professionalsjudges and lawyersare 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. 

Reversing the ‘Constitutional Revolution’
Op-ed

Reversing the ‘Constitutional Revolution’

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.

The New Israeli Government’s ‘Constitutional Law Reforms’: Why now? What do they mean? And what will happen next?
Op-ed

The New Israeli Government’s ‘Constitutional Law Reforms’: Why now? What do they mean? And what will happen next?

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.

Completing Israel’s Constitutional Process
IDI's Proposals for Reforms

Completing Israel’s Constitutional Process

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.

Not Just Personalities
Op-ed

Not Just Personalities

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.

The Needs of Israel's Haredim are Changing – Will Leaders Find Solutions?
Op-ed

The Needs of Israel's Haredim are Changing – Will Leaders Find Solutions?

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.

Does Israel Really Need Judicial Reform? 5 Better Ways to Fix Judiciary
Op-ed

Does Israel Really Need Judicial Reform? 5 Better Ways to Fix Judiciary

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.

It’s Just about Unlimited Power – and Nothing Else
Op-ed

It’s Just about Unlimited Power – and Nothing Else

The recently published opinion by the Attorney General, Adv. Gali Baharav-Miara, makes clear that the proposal "reform" makes no attempt to enhance the balance among the branches of government: It is quite simply a demand for unlimited government power.

Overhauling the Judicial System – What Do Israelis Think?
Israeli Voice Index

Overhauling the Judicial System – What Do Israelis Think?

The Index reveals that regarding the proposed plan to overhaul the judicial system, 43% describe the initiative is “bad” – while 31% describe it is “good.” A quarter of respondents said that they do not have an opinion on the Levin plan. A large majority (64%) are in favor of dialogue between the different political camps regarding the proposed legislative changes in an attempt to reach compromise.

The Coalition Agreements of Israel's 37th Government: The Appointment of Legal Advisors in Government Ministries
Op-ed

The Coalition Agreements of Israel's 37th Government: The Appointment of Legal Advisors in Government Ministries

Turning ministry legal advisors into political appointees will deprive them of their ability to protect the rule of law and will reduce public trust in the ministries.

The Proposed “Reform” of the Judicial System Poses Risk to the Israeli Economy
Op-ed

The Proposed “Reform” of the Judicial System Poses Risk to the Israeli Economy

Debilitating the judicial system would deal a blow to overseas investors’ motivation to invest in Israel and lead to a sharp drop in its credit rating. We need only look at the precedents of Turkey, Hungary, and Poland, to understand just how serious the threat is.

The High Court Wars: The Constitutional Revolution and the Counter-Revolution
Book Summary

The High Court Wars: The Constitutional Revolution and the Counter-Revolution

The appointment of conservative judges to the court, and even the enactment of a certain version of the override clause, will not bring about the destruction of the Supreme Court, and will certainly not turn Israel into a totalitarian state. However, the continued attacks on the Court, and the potential passage of the most extreme proposals pose a serious challenge to Israeli democracy.

Law of Return - Special Survey
Special Survey

Law of Return - Special Survey

A special survey Jacobs Center for Shared Society and the Viterbi Family Center for Public Opinion and Policy Research, found that almost half of Israelis think that the diaspora Jewry should be part of the public debate on the Law of Return and 51% think that canceling the "grandchild clause" in the Law of Return is liable to significantly reduce immigration to Israel.

The Incapacitation of a Prime Minister: An Explainer
Article

The Incapacitation of a Prime Minister: An Explainer

What provisions does Israeli law provide for the possibility of declaring the Prime Minister "Incapacitated". IDI expert explains

Checks and Balances: The Override Clause and Its Effect on the Three Branches of Government
Book Summary

Checks and Balances: The Override Clause and Its Effect on the Three Branches of Government

The debate surrounding the Override Clause should really focus on the disproportionate power of the Knesset and not on the power of the Supreme Court. All other democracies have structural mechanisms that limit the concentration of power in the hands of one institutions - we must create such a mechanism in Israel as well.