Dr. Amir Fuchs

The amendment to the Immunity Law proposed by MK Tally Gotliv would allow MKs to grant themselves immunity from criminal and civil prosecution, undermining equality before the law and creating inherent conflicts of interest that disproportionately protect coalition members from accountability.

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.

Changes in the composition of the Judicial Selection Committee threaten the independence of the judicial system. The current proposals would lead to a complete politicization of appointments to all courts and should be blocked. 

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.

In recent years, it has repeatedly been claimed that “Israel has too many elections.” On the one hand, this is true, Israel has the highest frequency of parliamentary elections compared to all developed democracies. On the other, Israelis have fewer voting opportunities.

Dr. Amir Fuchs, Senior Researcher at the Israel Democracy Institute, speaks to KAN reporter Naomi Segal about the renewed coalition push to advance the judiciary overhaul and dismiss the attorney general.

A new bill proposes to amend Basic Law: The Knesset, by expanding the criteria that would disqualify candidates and lists from participating in elections based on minimal and even past expressions, interpreted as sympathy or support for armed struggle of an enemy state or terrorist organization. 

Recently, Israel has faced a number of situations that could lead to a constitutional crisis. What is a constitutional crisis and why is it dangerous for the stability of democracy? IDI experts explain.

Disregard of the Attorney General’s authority to interpret the law by several government ministers is leading Israel toward a constitutional crisis.

The State Inquiry Commission on Naval Vessels was tasked with examining the decision-making processes at both the professional and political levels between 2009-2016 in relation to the acquisition of naval vessels during those years. 

Since the Knesset passed Amendment 44 to regulate the possibility of impeaching MK's in 2016, no request has been made, making the case of MK Ofer Cassif unprecedented. An MK can be expelled if the Knesset finds that his or her actions constituted incitement to racism or support of an armed struggle against Israel. 

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.

The Supreme Court ruled that the Court has authority to perform judicial review on Basic Laws, and that an intervention was necessary in the case of the amendment to the Basic Law: The Judiciary revoking the Standard of Reasonableness. What are the implications?

Fact Sheet: The Basic Law: The Nation-State

The Nation-State Law includes a clause that declares the state's obligation to care for all Jewish people and all Israeli citizens whenever they are in jeopardy due to either their Jewish identity or Israeli citizenship. This does not impose a legal obligation, but it does reflect this special value which must not be lost during this war. 

The Supreme Court hearing on September 28th, 2023 will focus on the question of whether the amendment should be interpreted as being valid only in the future, to remedy the perception of personal benefit for the current prime minister.

All too often the Knesset amends Israel's Basic Laws - how does this compare with other parliamentary democracies?

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 term "incapacitation" refers to a situation in which a government official is unable to perform their duty. The previous version of the law did not detail what constitutes incapacitation, nor who is authorized to declare incapacitation. The current version is accused of being personal and political.  

Should the foundations of the crime of incitement to racism be reconsidered? Absolutely-yes. But it should not be selective and favor a particular sector in society.

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

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?

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.

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

The optimistic hope that the majority will not take advantage of its power to perpetuate its rule is akin to leaving the cream to be guarded by 61 cats. The temptation is just too strong.

Turning court rulings into a “recommendation” that the Knesset could override, is likely to exacerbate tensions that already exists between the Supreme Court and the Knesset.

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.

Disqualifying candidates and lists for the Knesset violates one of the most fundamental democratic rights, the right to vote and to be elected. Therefore, it must be done with the utmost care, judgment and objectivity. Who can reject candidates and lists for the Knesset, and on what is the criteria? IDI experts answer these questions.

Lowering the electoral threshold will only further fragment Israel's political system

After two MKs - Ofer Kasif and Ahmad Tibi - were allegedly involved in violence against police officers, IDI experts Dr. Amir Fuchs and Dr. Assaf Shapira explain the reasoning for and parameters of parliamentary immunity.

Israel is the only democracy whose constitution or basic laws omit all mention of the right to equality –leaving a gaping hole that must be filled.

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.

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.

Israel Democracy Institute researchers welcome the move to anchor the right to equality in a Basic Law, and note the urgent need for this step, particularly in light of the Nation-State Law. At the same time, the researchers also recommend a series of amendments to the bill.

The recently proposed bill would limit the tenure of the Prime Minister in Israel to eight years (continuous or cumulative). At the end of that time, the Government would be considered to have resigned and its head would no longer be eligible to serve as Prime Minister. This limitation would apply only to tenure after the date of the law’s passage.

Equality should be enshrined in a broad Basic Law that defines Israel as a democratic state - to create the proper balance between the Jewish and democratic components of Israel's identity, a balance that was upset by the Nation-State Law

Should there be term limits for prime ministers? A mandated cooling-off period between their terms? How easy should it be for Knesset factions to split once elected? IDI experts examine some of the more contentious proposed new laws in the coalition agreements and assess their possible implications.

There are no provisions for limiting the tenure of prime ministers in parliamentary democracies such as Israel, and any new rules must be objective and not made to satisfy political needs

The decision not to convene the Arrangements Committee prevents the Knesset from conducting itself as a legislative body and performing its oversight duties

Prime Minister Netanyahu is promoting legislation that that will institute direct elections for prime minister. How would this proposal work? Will it resolve the political stalemate? Would the Supreme Court rule on its legality? IDI experts weigh in.

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

A bill to include the right to equality in Israel's Basic Laws recently passed a preliminary reading in the Knesset. This is a much-needed amendment to an existing law, which would provide Israelis with legal provision that exists in the constitution of all democratic countries.

The Prime Minister's trial reconvenes with a pandemic raging and the elections camping continuing. What can we expect?

With the exception of issues related to the coronavirus pandemic, this Knesset has passed almost no legislation, and this government has met only rarely.

"Legislative declarations do not remain purely "declarative". They have consequences." Dr. Amir Fuchs explains.

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?

Legislation giving ministers total authority over decision-making sets dangerous precedent for Israeli democracy and chaotic decision making will surely diminish the already-dwindling public trust in both government and future emergency regulations

With calls to enact an 'override clause' to push back against judicial review back in the news, Dr. Amir Fuchs analyzed the twenty laws the Court has overturned since Israel's establishment

The proposed bill, which is slated to replace the existing emergency regulations, limits Knesset oversight - the very reason this 'primary legislation' is so necessary

IDI’s Dr. Amir Fuchs speaks with Richard Pater of Bicom about the recent Supreme Court hearing and the rulings they handed downs regarding the new government

IDI researchers testified before the Knesset's Special Committee: Personal and retroactive changes should not be made to legislation regarding the Prime Minister's legal status

Speaker of the Knesset Yuli Edelstein has resigned so as not to comply with the Supreme Court ruling to hold elections for a new speaker - what happens next? IDI’s Dr. Amir Fuchs explains

Prime Minister Netanyahu’s trial in the Jerusalem District Court is to begin on March 17th. Dr. Amir Fuchs, a researcher at the Israel Democracy Institute provides responses to key questions as to what this process will look like.

What are the legal barriers standing in the way of the current government implementing the U.S.'s “Deal of the Century” peace plan?

The last decade in Israel has been marked by a wave of legislation that has dealt a blow to the country’s democratic values, the rule of law, and separation of powers.

IDI experts explain Israel’s immunity law, what happens when it’s requested and what the implications may be for the political system.

This claim was first put forth in a letter from the Knesset’s legal adviser, Eyal Yinon, to the speaker of the Knesset with regard to the situation of MK Haim Katz.

The rhetoric accompanying the attempts to delegitimize a “minority government” is questionable. The current transitional government is supported only by 55 Knesset members, with 65 opposing it. If any government deserves the moniker ‘minority government,’ it is the one currently in office.

Like all democracies, the principle of the "Rule of Law" exits in Israel. In recent years, there have been quite a few attempts to overcome this tenant, potentially causing long-lasting damage to public confidence in the justice system. Dr. Fuchs explains.

On claims that the High Court ties the security establishment's hands, Dr. Amir Fuchs says "the truth is that when authoritative figures from the defense establishment appear before the court to support some important security requirement, the court almost always adopts their argument".

A year has passed since, The Basic Law: Israel the Nation-State of the Jewish People, was passed. What, if anything, has changed in that time?

Israel’s judiciary is under assault, according to some, or experiencing a necessary corrective to rampant judicial activism, according to others. Dr. Amir Fuchs, legal expert and the head of the Defending Democratic Values project at the Israel Democracy Institute, walks through the Knesset’s attempt to change the judiciary and the balance of powers in Israel, what’s behind it, and what it means for the country.

Granting the government additional power, which will enable overriding Basic Laws in simple legislation must not be allowed, lest the defense of basic civil rights in Israel are compromised

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.

The bizarre constitutional situation in which we now find ourselves raises a great many legal questions, not all of which have simple answers. Does the law allow the prime minister to fire all the government’s ministers? Can he serve as “the government” by himself?

In Israel the proposed Immunity Law is central to coalition negotiations - yet around the globe there is a gradual but significant process of reducing the scope of procedural immunity. See how Israel compares with democracies around the world

The current proposal conveys a harsh message of contempt for the rule of law and is in sharp contrast to the current trend in democratic countries

Dr. Amir Fuchs looks at how far removed today’s Likud is from the Likud of yesteryear, both in terms of personalities and ideologies

The 20th Knesset was the most injurious of all with regard to democratic values, freedom of expression, gatekeeping and, above all, minority rights. In the next government we can only hope that someone will champion liberal center-right values to continue to protect our democracy. 

Some 76 years ago, on August 4, Ze'ev Jabotinsky, one of the most prominent Zionist thinkers and leaders, founder and head of the Revisionist movement, Betar youth group and the Irgun paramilitary organization, died prematurely. It is interesting to explore his views on matters related to democracy and liberalism.

Last week, the Knesset Law, Constitution and Justice Committee began deliberating over a proposal that would fundamentally alter the Basic Law – The Knesset: The MK Suspension Bill. If passed, the proposed bill would grant members of Knesset the power to remove another parliamentarian. This op-ed originally appeared in the Jerusalem Post.

Research Reel with Amir Fuchs: Defending Democratic Values

The Knesset is currently considering a proposed amendment, sponsored by the Prime Minister, to Basic Law: The Knesset. It would allow a special majority of 90 Knesset members to suspend an MK for an unlimited period of time. In effect, this would be tantamount to an expulsion, with the suspended parliamentarian replaced by the next person on his or hers party’s candidates list. This article was first published by JNS.org.

Dr. Amir Fuchs delivers the following message: While Israeli security forces must fight terror using all legal means available to them, Israeli leaders have another and no less important role: to maintain the democratic character of the state. This is especially the case when it comes to equality, minority rights and defending the innocent from acts of revenge and/or lynching.

The Israeli High Court's claim that home demolitions need not be applied to Jews because they support terror less than Palestinians must be rejected. (This article was originally published by Haaretz.)

Is administrative detention an appropriate response to Jewish terror such as the events in Duma? Dr. Amir Fuchs argues that there is no justification for administrative violations of a person’s freedom except for in concrete emergencies in which criminal law would be impossible to apply.

Ever since he was elected, President Reuven Rivlin has been under attack from the extreme right wing in Israel. Why should a right-wing President be under attack from the right? IDI Researcher Dr. Amir Fuchs explores the origins of the animosity towards Israel's liberal, right-wing President.

Dr. Amir Fuchs argues that an override of Supreme Court decisions should be stoutly resisted by democrats from all parts of the political spectrum.

The mayor of Ashkelon's announcement following the massacre in a Har Nof synagogue that Arab workers would not be employed in his city was roundly condemned by members of the Knesset. Dr. Amir Fuchs points to the hypocrisy of these condemnations.

IDI researcher Dr. Amir Fuchs criticizes the proposed Basic Law that would establish Israel as the nation state of the Jewish people and recommends accepting Israel's Declaration of Independence as the preamble to Israel's future Constitution instead.

A summary of a legal opinion on a proposed amendment to Basic Law: The Knesset that was submitted by Prof. Mordechai Kremnitzer and Dr. Amir Fuchs to the Ministerial Committee on Legislative Affairs.

Dr. Amir Fuchs discusses the proposal to add an override clause to Israel's Basic Law: Human Dignity and Freedom that would enable the Knesset to bypass the High Court and deal a a severe blow to the main safeguard of human rights and minorities in Israel.

Dr. Amir Fuchs discusses the Israeli High Court of Justice's decision to uphold the "Admissions Committees Law," which allows small communities to reject applicants due to a lack of social suitability. 

Attorney Amir Fuchs asserts that educating Israeli students regarding democracy and civics from a young age and throughout their education is the best way to prevent hatred, violence, and racism.

Attorney Amir Fuchs argues that the proposed legislation that would exempt first-time home-buyers from value added tax (VAT) violates the principle of equality for people who do not serve the State of Israel. 

In an article in <em>The Times of Israel</em>, Attorney Amir Fuchs argues that legislation that would give judges the authority to sentence murderers to life in prison with no possibility of pardon is misguided and will not prevent terrorists from being released in future prisoner exchanges.

Prof. Mordechai Kremnitzer and Attorney Amir Fuchs assert that the only way to guarantee Israel's existence as a Jewish and democratic state is not through a Basic Law that defining Israel as the nation state of the Jewish people but through a Constitution. 

Prof. Mordechai Kremnitzer and Attorney Amir Fuchs assert that the only way to guarantee Israel's existence as a Jewish and democratic state is not through a Basic Law that defining Israel as the nation state of the Jewish people but through a Constitution. 

A legal opinion opposing the proposed Basic Law: Israel as the Nation State of the Jewish People, which was submitted by IDI Vice President Prof. Mordechai Kremnitzer and Attorney Amir Fuchs to the Ministerial Committee on Legislation on June 4, 2014.

On June 4, 2014, IDI experts Prof. Mordechai Kremnitzer and Attorney Amir Fuchs submitted a legal opinion to the Ministerial Committee on Legislation stating their concerns about the proposed Basic Law: Israel as the Nation State of the Jewish People. A full translation of this legal opinion can be found below.

In an op-ed in <em>Maariv</em>, Attorney Amir Fuchs warns that force feeding hunger striking prisoners is a serious violation of human dignity, and should not be permitted in order to serve public relations efforts of the State of Israel.

In an article in <em>Haaretz</em>, Attorney Amir Fuchs stresses the need to wage a genuine war against racism, in order to preserve the values of Zionism and safeguard the Jewish and democratic state.

In an article in the Hebrew weekly <em>Makor Rishon</em>, Prof. Mordechai Kremnitzer and Attorney Amir Fuchs argue against the current initiative to pass Basic Law: Israel as the Nation State of the Jewish People, which they see as divisive and problematic.

IDI researcher Attorney Amir Fuchs asserts that the only way for Israel to ensure good governance is by adopting a constitution.

In an article in <em>Haaretz</em>, attorney Amir Fuchs explains why he believes the release of convicted terrorists as part of prisoner release deals or  as part of diplomatic negotiations degrades Israel's criminal justice system.

IDI Researcher Attorney Amir Fuchs discusses two indirect threats to human rights in Israel: attacks on the Israeli Supreme Court and attacks against Israeli human rights organizations.

In an op-ed in Haaretz, Attorney Amir Fuchs asserts that Israel is both the nation-state of the Jewish people and a democratic state, despite the confused Zionism of Mayor Shimon Gapso of Upper Nazareth.

In an op-ed in <em>Haaretz</em>, IDI researcher Attorney Amir Fuchs asserts that Israel is both the nation-state of the Jewish people and a democratic state, despite the confused Zionism of Mayor Shimon Gapso of Upper Nazareth.

In an op-ed in Haaretz, IDI researcher Attorney Amir Fuchs shares his thoughts on the proposed "NGO bill," which would limit donations to human rights organizations in Israel.

In an op-ed in Haaretz, IDI Researcher Attorney Amir Fuchs warns that the proposed Basic Law: Israel as the Nation State of the Jewish People is not only anti-democratic but also undermines the foundations of Zionism.

In an op-ed in Maariv, IDI Vice President Mordechai Kremnitzer and Attorney Amir Fuchs warn that the proposed amendment to Israel's Anti-Defamation Law known as the  'Jenin-Jenin Law' will have the opposite of its intended effect.

In an op-ed in <em>Maariv</em>, IDI Vice President Mordechai Kremnitzer and Attorney Amir Fuchs warn that the proposed amendment to Israel's Anti-Defamation Law, which would allow IDF soldiers to bring a class action suit for libel when the operational activities in which they participated are criticized in the media, will have the opposite of its intended effect.

IDI researcher Attorney Amir Fuchs welcomes the "Blue and White Human Rights" initiative of the Institute for Jewish Strategies, stressing that the fight for human rights in Israel should not be seen as limited to the political Left.

In an op-ed originally published in Maariv, Prof. Mordechai Kremnitzer and Attorney Amir Fuchs warn that the Basic Law: Israel as the Nation State of the Jewish People would undercut the balance between the "Jewish" and "democratic" nature of the State of Israel.

In honor of Israel's 65th birthday, Attorney Amir Fuchs reflects on whether the reality of today's Israel adheres to the values and vision of early Zionist leader Ze'ev Jabotinsky.

In an op-ed in Haaretz, IDI Researcher Attorney Amir Fuchs asserts that as Justice Minister, Tzipi Livni will have to restore confidence between the judicial system and political system and will have to serve as the representative of the judicial system to politicians.

What explains the extraordinary accomplishment of Yair Lapid’s Yesh Atid party in the 2013 Knesset elections? IDI researcher Attorney Amir Fuchs points to one factor that is sometimes overlooked: the fact that the liberal right was left without a political home in the elections of 2013. 

On December 4, 2012, the Israeli Supreme Court heard a petition arguing that the “Admissions Committee Law” is discriminatory and unconstitutional. Attorney Amir Fuchs explains why he sees this law as an insult to Israel's democracy.

In an op-ed published in Haaretz, IDI Vice President Mordechai Kremnitzer and researcher Attorney Amir Fuchs point out that despite the assault on democratic values witnessed in the outgoing Knesset, "democracy" does not seem to be on the agenda in the current election campaign.

Israeli politicians deemed the attack of a group of Arab teens by a group of Jewish teens to be the act of "bad apples" who don't represent the norm. In the following op-ed, however, IDI researcher Attorney Amir Fuchs warns that the radicalization of Israeli youth is the fruit of a poisonous tree being cultivated in the Knesset itself.

Attorney Amir Fuchs responds to Research Fellow Yair Sheleg's article "Appropriate and Inappropriate Evacuation," and takes exception to some of the arguments that it raised regarding the evacuation of settlements in Judea and Samaria on the basis of property rights.

IDI Vice President Prof. Mordechai Kremnitzer and Adv. Amir Fuchs analyze the proposed legislation that would allow the Knesset to reinstate laws that have been struck down by the Israeli High Court and warn of a threat to judicial review and civil liberties.

Although some in Israel hold nationalism and liberalism to be mutually exclusive, former Israeli Prime Minister Menachem Begin was both a proud nationalist and an unwavering guardian of liberal principles. As the Jewish world commemorates the 20th anniversary of Begin's death, IDI is pleased to present "Menachem Begin on Democracy and Constitutional Values," a booklet by IDI Vice President Prof. Mordechai Kremnitzer and Attorney Amir Fuchs, which was originally published in Hebrew on the eve of Yom Kippur, 2011.

Prof. Mordechai Kremnitzer and Attorney Amir Fuchs explain why they see the "Bar Association Bill" as undermining the rule of law. This bill would change the way that the Bar Association's representatives to the Judicial Appointments Committee are selected, and would apply retroactively.

History teaches that adopting a constitution is usually possible only at the point at which a state is first established; if that opportunity is missed, it is only at a time of real crisis that it is politically feasible to set new rules of the game. In an op-ed in <em>Haaretz</em>, IDI Vice President of Research Prof. Mordechai Kremnitzer and Attorney Amir Fuchs assert that such a moment has come.

The “Nakba Bill” would impose financial sanctions on institutions that commemorate Israel’s Independence Day as a day of mourning. In this op-ed from the Ynet website, IDI’s Prof. Mordechai Kremnitzer and Adv. Amir Fuchs warned that while observing Israel’s Independence Day as a day of mourning by citizens of the State of Israel is “a galling, unpleasant, and defiant act,” the test of a true democracy is whether it is able to allow such expressions of freedom of speech.

In an op-ed from <em>Haaretz</em>, IDI Vice President of Research Prof. Mordechai Kremnitzer and Researcher Adv. Amir Fuchs assert that Prime Minister Netanyahu was right to condemn a letter by rabbis forbidding the rental of property in Israel to Arabs, and call on him to prevent the passage of a bill that would allow small Jewish communities to exclude Arabs from living in their midst.