judicial issues

It is increasingly clear that Israel’s future depends on the forging of two coalitions. One is a multinational alliance determined to turn the Palestinian issue from a driver of conflict into an engine of peace. The other, is an internal Israeli coalition ready to pursue a series of bold social, economic, and political reforms.

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.

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.

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. 

Judicial overhaul initiatives, along with other anti-democratic measures, have continued to be promoted by the government and the coalition in the Knesset. This document outlines the various actions taken in government that weaken the Israeli judiciary and democracy at large.

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

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

The Prime Minister’s supporters are trying to entrench a perception among the public that he is facing a political – rather than a criminal – trial.

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

With Prime Minister Netanyahu's groundbreaking trial is set to commence next week, Professor Yuval Shany, IDI's Vice President of Research, and Dr. Amir Fuchs, the head of the Defending Democratic Values Program, briefed journalists on how the court process will proceed and the long-term legal implications of trying a sitting prime minister.

Live broadcasts brings a breath of fresh air and a better understanding of the Supreme Court

Israel's High Court handed down a unanimous decision - and the public saw for themselves that there was no devious plot to undermine the separation of powers.

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.

New IDI Campaign to Warn Against Attempts to Decimate Supreme Court and Grant Unlimited Power to Politicians

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.

A controversial decision delivered by the Supreme Court on May 2 could be an important test case for its ability to withstand political attacks, which call to curb the court’s authority and power

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.

In the bill’s final wording, the state only commits itself to act within the Diaspora to strengthen the ties of Jewish peoplehood – as if actions taken inside the Jewish state, like the reneged-upon Western Wall compromise, have no bearing on the rest of the Jewish world.

"Even a bit more justice than now is better" said Liron Libman in an interview on administrative detention.

The case of Yesh Din vs. The Chief of the General Staff HCJ 3003/18

Beyond the important political, humanitarian and moral issues raised by the “Great Return March” and the IDF’s response, complicated legal issues also present themselves. 

Powerful forces are pushing against the rule of law, attempting to derail it. From the perspective of those who wish to preserve the rule of law, we are living in a Greek tragedy whose dreadful outcome is foreknown. 

The Israeli High Court of Justice’s Dec. 12 decision in Abu Ghosh v. Attorney-General provides a good opportunity to reexamine the implementation of the prohibition against torture in Israeli law almost twenty years after the court’s landmark 1999 judgment in Public Committee Against Torture in Israel, which outlawed torture.

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

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 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. 

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. 

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.

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 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.

In an op-ed originally published in Haaretz, IDI Senior Fellow Yuval Shany and IDI Researcher Attorney Ido Rosensweig critique an amendment that would allow interrogations of security defenders to go unrecorded, and warn that it is against public interest.

The death of John Demjanjuk of natural causes at a ripe old age left many Israelis feeling that an opportunity for justice was missed. Did the Israeli legal system fail when it acquitted Demjanjuk of crimes against humanity? IDI Vice President Prof. Yedidia Stern distinguishes between justice and law, and expresses pride that the Israeli Supreme Court ruled as it did. 

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

"The facts revealed yesterday by the police are deeply troubling. Faced with this reality, all those who consider themselves leaders in our community, must come forth and make their position clear, rejecting such conduct forthrightly, lest moral decay spreads through our civil service and public’s trust in the government plummets.”

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.

Leaders of the Israel Democracy Institute call for alternative proposal that would place nation-state of the Jewish people on equal footing with democratic obligation to equality for all Israeli citizens.

As the IDF's military court handed down its verdict in the case of Elor Azaria, the soldier accused by the military prosecutor of shooting and killing a terrorist who no longer constituted a clear and present danger, it is an appropriate moment to recall the recent experience of another soldier in another army.