Proportionality in Public Policy

The principle of proportionality is one of the fundamental constitutional principles of the Israeli legal system. The legal premise in Israel is that constitutional rights are relative and can be limited in certain situations. Proportionality sets the framework for determining the permissibility of limiting rights, thus settling dilemmas between the promoting of public interests and the protection of human rights.

What makes IDI's Proportionality in Public Policy Program unique is its focus on the perspective of policymakers, and the empirical examination of the integration of rights considerations in the process of drafting policy in the first place. The guiding assumption is that more effectively factoring in proportionality in the policy-making stage will increase the level of awareness and protection of human rights, improve policy results, and decrease the need for involvement of the courts.

The Proportionality in Public Policy Program is a cross-disciplinary and international project. Research is conducted on legal, policy and behavioral axes.

IDI's Proportionality in Public Policy project is supported by a five-year grant awarded to Prof. Mordechai Kremnitzer by The European Research Council.

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    Prof. Mordechai Kremnitzer

    Senior Researcher and Co-Director

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    Professor Kremnitzer is a professor emeritus of the Faculty of law at the Hebrew University of Jerusalem, former dean of the Faculty of Law, and director of the Israeli Press Council.

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    Dr. Raanan Sulitzeanu-Kenan

    Co-Director

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    The topics of Dr. Raanan Sulitzeanu-Kenan’s studies are the politics of investigative committees, the effect of reputation on government agencies, the judicial proportionality of experts, and the effect of corruption in the public sector and the resulting judicial intervention on voter behavior.

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    Adv. Talya Steiner

    Project Manager and Researcher

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    Dr. Hadar Arditi-Babchuk

    Researcher

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    Dr. Hadar Arditi-Babchuk has a doctorate from the Interdisciplinary Program in Brain Sciences at Bar-Ilan University and a master's degree in Epidemiology from Tel-Aviv University.

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    Lisa-Marie Dammann

    Research Assistant

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    Lisa Marie Dammann has been studying law at the Martin-Luther-University of Halle-Wittenberg since 2013

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    Prof. Yuval Feldman

    Researcher

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    Professor Yuval Feldman is a full professor on the Faculty of Law at Bar-Ilan University and a former fellow of Institutional Corruption Lab at the Edmond J. Safra Center for Ethics at Harvard University.

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    Andrej Lang

    Researcher

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    Mr. Andrej Lang of Martin Luther University Halle-Wittenberg is an expert in German Law who is conducting research as part of IDI's Proportionality in Public Policy project.

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    Adv. Lila Margalit

    Researcher

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    Marina Motsenok

    Researcher

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    Marina Motsenok is a Ph.D. candidate in the School of Education at the Hebrew University of Jerusalem. She received her BA in sociology and education and her MA in organizational sociology from the Hebrew University.

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    Liat Netzer

    Researcher

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    Ori Plonsky

    Researcher

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    Prof. Ilana Ritov

    Consultant

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    Professor Ilana Ritov of the School of Education at Hebrew University of Jerusalem is a consultant for IDI's Proportionality in Public Policy Project. She serves as a resource for the project's research team on issues of decision making and cognitive biases.

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    Dr. Jasmin Tregidga

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    Dr. Keren Weinshall Margel

    Research Fellow

Six countries – Canada, Germany, India, Israel, Poland and South Africa – are paradigm examples of modern constitutional systems where rights may be limited through the application
of a constitutional limitations clause. In each jurisdiction, the constitutionality of a rights limitation has come to rely on the principle of proportionality, and the key exercise in judicially reviewing a rights limitation is the proportionality analysis.

Attorney Talya Steiner warns that a Supreme Court's judgment that struck down an amendment of Israel's anti-infiltration law as unconstitutional points to significant flaws in Israel's process of policy-making.

The principle of proportionality is not always taken into consideration within the discourse relating to privacy and state sanctioned online surveillance. Different jurisdictions and legal systems use explicit or tacit proportionality considerations by deploying various procedural, institutional and technological safeguards in the context of communication networks surveillance.

An international workshop in Madrid, as a part of the "Proportionality in Public Policy" project, funded by a research grant from the European Research Council.