Dr. Guy Lurie

The Israeli government's current efforts to dismiss the head of the director of the Shin Bet and the Attorney General, alongside its attempt to restructure the Judicial Selection Committee, reflect a broader shift toward subordinating legal and security institutions to political authority, raising concerns about the erosion of the rule of law and the future of democratic governance in Israel.

Amidst the return to fighting in Gaza, the Minister of Justice is taking advantage of the public's eye being off the ball to hastily overhaul Israel's judicial system.

Against the backdrop of the proposed government decision that is meant to begin the process of dismissing the attorney general, this paper describes the procedure that has been laid down for this step and explains why a decision by the Netanyahu government to fire the attorney general at the current time would be legally invalid.

The proposed bill, which would change the selection process of the Ombudsman - responsible for investigating complaints about the conduct of judges and religious court judges - aims to intimidate judges and undermine their independence.

Dr. Guy Lurie, Senior Researcher at the Israel Democracy Institute, speaks to KAN reporter Naomi Segal following the election of Justice Isaac Amit to Chief Justice and the Minister of Justice's statement that he does not recognize the appointment and will not cooperate with him. 

The lack of cooperation between the Minister of Justice and the President of the Supreme Court has numerous consequences that will, among other things, harm the services provided by the judiciary to the citizens of Israel.

Following Justice Isaac Amit's selection as Supreme Court President, Minister of Justice Levin immediately declared he would refrain from any collaboration between them, describing the selection process as unlawful. This announcement is both factually incorrect and a serious dereliction of his duties. 

Justice Minister Yariv Levin and Foreign Minister Gideon Sa’ar presented their proposed changes to the composition of the Judicial Selection Committee (JSC) as a compromise aimed at achieving a gradual change in the judicial selection process, but many constitutional experts worry that the plan will have dire consequences resulting in the politicization of Israel’s judicial selection process.

The Sa'ar-Levin proposal represents a shift from prioritizing professional qualifications in the Judicial Selection Committee to emphasizing political loyalty as the basis for judicial appointments. This risks eroding judicial independence, compromising professionalism, and incentivizing ideological extremism.

The Police Commissioner's decision to terminate the Israel Police Legal Advisor without consulting the Attorney General to whom the Police Lega Advisor is professionally subordinate the most recent worrying sign of the problematic relations between the Attorney General and various government officials.

How is the Chief Justice in Israel selected, what is the principle of seniority and how does this compare internationally? Dr. Guy Lurie explains the roles and responsibilities of the Chief Justice, an issue that is currently at the heart of a dispute between the Minister of Justice and the Courts.

To protect the credibility of the police as an impartial law enforcement agency, independent oversight over the police prosecution unit - the police unit that issues criminal charges - must be increased through the Attorney General's office.

The Israeli Supreme Court recently issued a pivotal ruling, instructing the Minister of Justice to convene the Judicial Selection Committee and select a new President of the Supreme Court. This decision come after nearly a year in which this permanent position has remained vacant. 

In recent days the Attorney General has issued several warnings that decisions are being made using "flawed work processes." This explainer provides an overview of the role and importance of the Attorney General in Israeli democracy, and the current criticism directed by the AG at the government.

With the outbreak of the war in October 2024, the Prime Minister announced that he was halting all legislation relating to the judicial overhaul, however, various government actions raise questions regarding its intentions in relation to the overhaul and whether it might be trying to advance it by other means beyond legislation.

The UN report paints a disturbing picture in which countries experience “autocratization”—an erosion of the foundations of democracy—through actions that undermine the judicial system’s independence. In Israel, the current government is aiming to undermine judicial independence in order to consolidate its power and authority at the expense of individual rights and the rule of law.

While the Israeli public has been focusing on the war and on the hostages in Gaza, the government—led by the minister of justice—has been preparing an assault on the independence of the judicial system.

The increase in the number of complaints of police violence submitted to the DIPI over the last year raises serious questions, especially in light of the timing in which the current Government and Minister of National Security took office. This research surveys the trends in complaints of police violence. 

The Israeli democracy regulates the operation of the judiciary through the constraints of formal rules that check the political actors, the individual judges, and the judiciary. Yet beyond these formal rules, informal institutions and practices are sometimes equally important in the operation of the judiciary, as they are in any constitutional system. This article discusses informal institutions that are important in the operation and independence of the Israeli judiciary.

The Supreme Court's ruling to strike down the amendment made to the Basic Law: The Judiciary and reinstate the Standard of Reasonableness is a landmark decision on an issue that has been exceptionally divisive within Israeli society. Will this lead to a constitutional crisis? 8 Key points from IDI's experts examining the court's decision.

Attempts by the Prime Minister to influence the Chief Censor may indicate a concerning erosion of the Military Censor’s independence and professionalism. Clearly, state secrets must be protected, especially during war, but there are better ways for this to be accomplished, more suited to a democratic state.

On November 5, 2023, Minister of Justice Yariv Levin notified the High Court of Justice that he will convene the Judicial Selection Committee within 15 days. Selecting judges is not possible in such a short time frame, so we will have to wait and see whether this decision leads to the completion of judge appointments to the vacant positions.

Justice Hayut's retirement from the presidency of the Supreme Court was well-known in advance, however, the Minister of Justice's refusal to convene the Judicial Selection Committee leaves Israel with a temporary replacement during a national emergency.

What is a special state of emergency and who declares it?

Minister of Justice Levin declared a "special state of emergency" on October 7th, which has since been extended and is currently valid until October 20th. How does this affect the justice system in Israel?

The Judicial Selection Committee has not met for more than a year, and during this period, various positions held by judges have been vacated.

IDI expert Dr. Guy Lurie met with KAN's Mark Weiss to discuss Supreme Court Justice Yosef Elron's announcement that he would seek election as the next Supreme Court president, a decision that flies in the face of the "seniority method" that has been used to select the court's president to date. 

Comparing Israel's Supreme Court to America's Supreme Court. 64 Israeli legislators, a slim majority of the Knesset, voted on Monday, July 24, to amend one of Israel's Basic Laws, and in so doing, they took away the Israeli Supreme Court's ability to strike down decisions that it finds "unreasonable in the extreme.

The law is clear. The Minister is obligated to convene the committee when judicial vacancies appear. By evading this responsibility, he is failing in his duty.

Dr. Guy Lurie, IDI expert discusses the court's use of the Standard of (Extreme) Unreasonableness and current status of the judicial overhaul.

The Knesset voted for its representatives on the judicial selection committee. This is the first time it was not able to elect two representatives, leading to a second round of votes in the next 30 days. 

Dr. Guy Lurie in an in-depth interview with The Jewish Time podcast's Jeff Silberblatt on the attempted judicial overhaul and its implications on Israel's future.

Transforming legal advisors into political appointees will thwart the dual purpose of their role- helping the ministry implement its policy, while maintaining the rule of law.

The research examined 42 countries included all the OECD member states along with other leading democratic countries.

The proposed government resolution fails to explain why a National Guard is needed, how to ensure that it does not target minority groups unjustifiably, and what the division of labor will be with the police. It is also liable to result in the increased militarization of law enforcement in Israel, which could lead to disproportionate infringement of human rights.

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.

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

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 bill to amend the Police Ordinance has been compared to practices in other countries - however it ignores the fact that other countries have in place procedures that guarantee the operational independence of the police when it implements the policies laid down to guide its actions

Despite controversy, changes to the Judicial Selection Committee, must be made with broad consensus - and not by slimmest of majorities.

Why it is a bad idea to allow the coalition the deciding voice in the appointment of Supreme Court justices? Is it true that in Israel, judges appoint themselves? The complete guide to the impending constitutional reform.

The debate in Israel over the proper interrelationship among the three branches of government has become heated in recent years. IDI holds that any discussion of separation of powers should focus on functional boundaries among the branches, and on their mutual capacities for oversight. The following paper presents a series of proposals for addressing these issues and strengthening the separation of powers.

The proposal to abolish the Judicial Selections Committee would lead to politicization of the judiciary, undermine judges’ independence, and shift the careful balance reached through it between the branches of government.

In Israel, judges sit on the bench until they reach the age of 70, while advocates for changing the current method of their appointment often support the idea of limiting Supreme Court judges’ tenure.

The text proposed in the draft bill of a new Basic Law: Rights during Interrogation and in Criminal Proceedings, must be revised, because its scope is too narrow. Although the bill is a welcome initiative, it should be expanded and lead to the Knesset's passage of a Basic Law that provides constitutional protection of the right to due process and its derivative rights.

Among assertions that a limited tenure for justices would prevent excessive influence by past governments on the current composition of the Supreme Court bench and allow the current government to replace a larger number of justices - what is the average tenure of Israeli Supreme Court justices?

As former Prime Minister Netanyahu weighs the option of a plea bargain, IDI experts weigh in on the legal standing of such an agreement and its ramifications.

Despite a decline in trust - the public still believes that in the Court’s role as a professional independent entity and guardian of democratic principles.

The imminent retirement of Judge Kara will leave the Supreme Court without an Arab justice, yet there is only one Arab candidate on the list of possible replacements. We must move beyond filling the "Arab chair" and ensure proportional representation of Arabs as well as women and Mizrahim in the courts

Setting sweeping restrictions on Israeli citizens’ ability to return to the country from overseas is extremely problematic from a constitutional perspective and is without parallel in the democratic world

The public has given the Police a failing grade for fairness and transparency. Does the public believe this can change? Not really.

As democracies struggle with the balance between health restrictions and freedom of assembly, Israel has limited protests to a one kilometer radius from their homes during the country's lockdown. How does this compare to other democracies?

Israel is not the only country in which the court system has been curtailed, or had its activity modified, as a result of the coronavirus pandemic. Many countries are taking such measures, while at the same time striving to refrain from harming citizen's basic right of available access to courts.
Included are several examples from around the world.

This article focuses on the overlap and interaction between the doctrine of proportionality and other doctrines used to assess the constitutionality of state violations of the right to equality

The proposal promotes personal and political interests, strikes a severe blow to the public’s trust in democracy and to elected officials’ obligation to act with integrity

An opinion submitted today (June 26th) to MKs, the Attorney General, and the Knesset Legal Advisor on behalf of the Israel Democracy Institute, opposes the proposal to repeal the law to dissolve the Knesset and seeks to take the proposal off the agenda.

Today, Israeli election law focuses on banning propaganda conducted by means of boats and planes (e.g. adverts on them).

As the Israeli attorney-general is expected to announce his decision regarding the possible indictment of Prime Minister Netanyahu on corruption charges, Tipping Point hosts two leading experts for a discussion on the legal and political ramifications. Dr. Guy Lurie (Israel Democracy Institute) and Dr. Emmanuel Navon (Kohelet Policy Forum) try to make sense of what’s about to come

The fourth in a series of articles and videos prepared by the Israel Democracy Institute in the run-up to April 9, explaining and critiquing what goes on during an election period

Such a code will not only prevent corruption, but in addition will prevent serious damage to the government’s image and attacks on law enforcement

The digital domain has developed into something of a wild west for election campaigning in recent years. While there are strict laws governing the press, radio, and television, there are almost no restrictions on online campaigning, such as on the forms of advertising permitted, the use of personal data, and advertising budgets. This lack of regulation has already been shown to potentially affect election results, and may lead to the misuse of information on residents, routinely collected by the municipality as part of its function by those in positions of power in local government. 

Judiciary activism is neither easily defined nor easily measured. That said, it is important to clarify: Israel’s Supreme Court strikes down relatively few laws as compared with courts in other countries

A summary of where the law stands regarding alleged wrong doing by the premier, as well as timely suggestions for reform, are in order.

Research Reel with Dr. Guy Lurie - The Role of the Attorney General

As Israel gets ready to transition to its new Attorney General Avichai Mandelblit, now is a good time to ask ourselves: Was Yehuda Weinstein a good Attorney General? An opinion piece by Guy Lurie, which originally appeared in the Jerusalem Post. 

In an article in The Marker, Prof. Mordechai Kremnitzer and Dr. Guy Lurie recommend ways of ensuring that the performance of the Israeli Attorney General is evaluated on a regular and systematic basis.

In an article in Mishpat U'Mimshal, IDI researcher Dr. Guy Lurie addresses the issue of the lack of Arab judges in Israeli courts. This abstract presents the main issues discussed in the article.

In an op-ed in <em>Haaretz</em>, IDI Vice President Prof. Mordechai Kremnitzer and Dr. Guy Lurie call for reform that will abolish the Police Prosecution Department, leaving the Police to investigate and the Public Prosecution to bring criminal charges.

In an op-ed in TheMarker, IDI Vice President Prof. Mordechai Kremnitzer and Dr. Guy Lurie discuss the benefits of establishing a new appellate court between the district courts and the Supreme Court.

Most criminal cases in Israel are prosecuted by the Israel Police rather than by the State Prosecutor. Prof. Mordechai Kremnitzer and Dr. Guy Lurie call for a division that would make the Police responsible for investigations and the State Prosecutor responsible for indictments and trials.