judicial issues

Publications Regarding judicial issues

Articles

Op-ed

The Assault on the Rule of Law

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. 

Article

Is Israel Justified In Shooting Protestors At Its Border?

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. 

Press Release

We expect our leaders to adhere to the highest ethical standards

"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.”

Op-ed

A Truly Supreme Court

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.

Op-ed

Justice vs. Law: King Solomon and Ivan the Terrible

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. 

Op-ed

Back to the ‘Ticking Bomb’ Doctrine

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.

Article

Analysis of Israel’s Supreme Court Decision Allowing Lethal Force in Gaza

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

Article

Can an Ex-Senior IDF Lawyer Transform Administrative Detention?

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

Op-ed

Strengthening Jewish Peoplehood In The Diaspora — But Not In Israel

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.

Op-ed

Azaria and the ‘Helmand Incident’

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.

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 Amendment of the Criminal Procedure Law

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.

Press Release

Survey: 56% of Jews Think Most Arab Citizens Support Temple Mount Attack

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

Op-ed

Ultra-Orthodox in the IDF: A Ticking Time Bomb

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.

Op-ed

Religion and State in Israel: Charting a New Course for 5778

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?

Policy Statement

Legal Opinion on the "Zoabi Bill"

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.

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

The "Anti-Pardon" Bill: Laws are not a Substitute for a Backbone

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.

Op-ed

Is "Israeli" a Nationality?

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. 

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. 

Press Release

'Yes' to a Nation-State, 'No' to a Nationalistic State!

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.

Books