High Court of Justice

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.

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.

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.

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.

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 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.

If Netanyahu's new government implements its plans, human rights may soon depend on majorities. Israel's delicate political structure makes this possible.

The Israel Democracy Institute’s special conference today (December 12th) focused on the implications of the proposed judicial reforms that have been proposed by members of the incoming coalition. 

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.

In this edited transcript of her conversation with BICOM Director Richard Pater, Vice-President of Research at the Israel Democracy Institute Professor Suzie Navot argues that judicial reforms proposed by the right-wing bloc – to Knesset override of the Supreme Court, executive immunity, and the appointment of judges – threaten Israeli democracy and the already fragile separation of powers.

Prof. Suzie Navot sits down with Richard Pater of Bicom, to discuss judicial reform. Prof. Navot explains the background of Israel’s legal system, its uniqueness among other parliamentary democracies and the significance of potentially implementing an override clause.

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?

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.

Prof. Amichai Cohen discusses his new book The Constitutional Revolution and Counter-Revolution, and explains the changing role of the High Court of Justice in maintaining the checks and balances of Israeli democracy.

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

It's one of democracy's substantial achievements: just like every citizen, Netanyahu will stand before 3 judges, whose task is to decide whether he is innocent or guilty

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. 

“The campaign to remake the Supreme Court has been completed” said Justice Minister Shaked - so now with its new and more conservative profile, there is no longer any justification for the delegitimization of the Supreme Court.

Monthly Peace Index also finds that 65% of Israelis do not trust Prime Minister Benjamin Netanyahu's handling of the crisis on Temple Mount. 

Knesset Speaker MK Yuli Edelstein: "It's time to bring the rules of the game back to the Knesset

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

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.

IDI Researcher Dr. Reuven (Ruvi) Ziegler presents a brief overview of the Israeli High Court of Justice's decision to strike down Amendment No. 4 of the Prevention of Infiltration Law, and explores several themes that may be of comparative constitutional interest. 

Should the State of Israel recognize "Israeli" as a nationality? IDI Vice President Prof. Yedidia Stern and Jay Ruderman assert that it is imperative for the State of Israel to continue distinguishing between citizenship and nationality. 

In an op-ed originally published in Haaretz, IDI Former President and Founder Dr. Arye Carmon explains his reservations about the "Referendum Bill" and warns that the concept of referendum is antithetical to the principles of democracy.

Dr. Reuven (Ruvi) Ziegler shares observations on the decision of the Israeli Supreme Court that an amendment of the Prevention of Infiltration Law that mandated lengthy detention of asylum seekers is unconstitutional.

IDI Vice President Professor Mordechai Kremnitzer weighs in on the challenges faced by Israel's High Court of Justice, in an article that was published at the end of the third millennium as part of a collaboration between IDI and Walla!, a popular Israeli website.

IDI Vice President Prof. Yedidia Stern dissects the tenuous road traveled by the Israeli court system, in an article that was published at the end of the third millennium as part of a collaboration between IDI and Walla!, a popular Israeli website.

IDI Senior Fellow Professor Yuval Shany explains the increasingly critical relationship between international law and the Israeli legal system, in an article that was published at the end of the third millennium as part of a collaboration between IDI and Walla!, a popular Israeli website.

A state that is proud of its identity has nothing to fear from granting all its citizens equality.

Monthly survey also finds that 84.5% of Israeli public defines mood as good or very good while 43% expresses trust in Prime Minister Netanyahu.

Is our country and society doomed to continually follow the same path of repeated crisis, or has the time finally come for us to plot a new course?

To encourage enlistment, Israel should adopt a conscription model that is cognizant of the ultra-Orthodox fear of erosion of their identity and employs both positive and negative economic incentives.

The implications of the Supreme Court's ruling go far beyond the Kashrut market.

IDI responds to high court ruling: “The time has come for our politicians to demonstrate leadership and work to enact a more equitable and effective arrangement.”

Instead of Judaism being what unites Jews in Israel with Jews around the world, our religion has become the main source of conflict.