judicial review

Publications Regarding judicial review

Articles

Op-ed

Assault on Israel's Judicial System: The Angel of History is Watching Us

Justice Minister Amir Ohana,has launched a fierce attack against the State Attorney’s Office. The Prime Minister who appointed him would be wise to remember that the angel of history is peeking over his shoulder.

Op-ed

The Knesset and the Court: Is This Israel’s Override Election?

"This election will be less about which candidate ends up as prime minister, but rather the real possibility of radical judicial reforms that might soon pass in the Knesset and which would limit the Supreme Court’s ability to perform crucial oversight over the political system."

Op-ed

Whatever Happened to the Override Clause?

It turns out that voters actually want robust judicial oversight - which explains why the Override Clause and placing limitations on judicial review have not been prominant in the election campaign

Op-ed

The Supreme Court Doesn't "Tie Hands"

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".

Article

Attempts to Curtail the Supreme Court

The Israel Democracy Institute offers a look inside efforts to reduce politicization of Israel's Supreme Court.

Press Release

No Female Pilots in IDF? – Get Over it!

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

Podcast

Judicial Review Under Review

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.

Op-ed

Supreme Court Decision of Combatants for Peace v. Minister of Defense

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

Article

A Needle on the Israeli Compass

The conservatives who think the court is moved by a malicious intent to stamp out politics are mistaken. Our High Court of Justice is squeaky clean, and of the highest possible caliber

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 Attack on Legal Oversight Threatens Us All

Government-sponsored legislation proposing to change how ministry legal advisors are appointed has stirred up quite a storm. The idea should worry all of us, not only jurists.

Op-ed

Override: A Serious Blow to Democracy

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

Op-ed

Overriding the Supreme Court: A Breach in the Wall of Democracy

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.

Op-ed

What Can We Learn about Israeli Policy Making from the Supreme Court's Ruling on the Anti-Infiltration Law?

Attorney Talya Steiner warns that a Supreme Court's judgment that struck down an amendment of Israel's anti-infiltration law as unconstitutional points to significant flaws in Israel's process of policy-making.

Op-ed

Basic Law: Legislation – A Lethal Blow to the Supreme Court

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.

Op-ed

Decade in Review: Human Rights in Israel

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.

Op-ed

Decade in Review: A Rocky Road for Israeli Courts

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.

Article

The “People’s Army”?

This article presents the main milestones in the recurring attempts to put a satisfactory arrangement for the deferment of military service for yeshiva students in place. In doing so, it surfaces the changes that have occurred over time in the constitutional, legal, and public responses and attitudes on this issue.