judicial activism

Publications Regarding judicial activism

Articles

Article

The end of the delegitimization of the Supreme Court

“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.

Press Release

What is the Public’s Opinion on the Override Clause?

A special survey conducted by the Guttman Center for Public Opinion and Policy Research at the
Israel Democracy Institute finds: The majority of the Israeli public fears that implementation of the Override Clause by the Knesset will give unlimited power to politicians and lead to an increase in political corruption

Op-ed

The Tal Law: Judicial Activism at its Height

The Supreme Court's decision to strike down the Tal Law, after 30 years of avoiding the issue of the exemption of ultra-Orthodox Jews from military service, is an expression of judicial activism that illustrates the transformation that the Israeli Supreme Court has undergone in the last generation. In this op-ed, originally published in Hebrew in <em>Makor Rishon</em>, IDI Vice President Prof. Yedidia Stern asserts that the Court went too far in this ruling and that its activism is hard to justify.

Op-ed

The Tal Law: Judicial Responsibility at its Best

Prof. Mordechai Kremnitzer presents a contrasting view to Prof. Yedidia Stern's assertion that the Israeli Supreme Court's ruling on the exemption of ultra-Orthodox men from military service in Israel is "<a href="http://en.idi.org.il/analysis/articles/judicial-activism-at-its-height">Judicial Activism at its Height</a>." 

Article

Q&A on the Override Clause

Israel Democracy Institute experts provide research, background and insight into WHY | WHO | HOW

Op-ed

The Return of the Override Clause? A Dangerous and Unnecessary Step

Laws define the legal rules of our democracy and ensure the stability of the political system while guaranteeing individual rights and general public interest - enactment of the Override Clause would seriously undermine this balance.

Op-ed

The Constitutional Tug of War in the Outgoing Coalition

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. 

Op-ed

The Admissions Committees Ruling: A Lack of Ripeness or Refusal to Decide?

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. 

Op-ed

Mourning for Gazan Children Isn't Left-Wing

IDI Vice President Prof. Mordechai Kremnitzer discusses the High Court of Justice's decision to uphold the Israel Broadcasting Authority's rejection of an infomercial in which the names of Gazan children who were killed in Operation Protective Edge would have been read aloud.