Reducing the possibility of invalidating legislation and the rest of the initiatives will further undermine the protection of the rights of the Arab minority in Israel, whose trust in the judicial system has steadily decreased in recent years - but is still high in relation to trust in other institutions.
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.
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.
As the contentious debates about protests and prayers continues in Israel, we must recognize that there is no room for imposing unjustified restrictions on the basic rights of one group of citizens, simply because this will make it easier to impose justified restrictions on the basic rights of another
In its attempts to contain the spread of the novel coronavirus, Israel has employed a measure that has not been used by any other democratic country. Since mid-March, the Israeli government has sought the assistance of the General Security Service (also known as the Israeli Security Agency, the ISA, the Shabak or Shin Bet) in conducting epidemiological investigations by providing the Ministry of Health with the routes of coronavirus carriers and lists of individuals with whom they have been in close contact. The ISA queries its communication metadata database to identify the route of confirmed carriers and the individuals with whom they have been in close contact.
In its fight against terrorism, Israel has often been proud of its ability to effectively fight terrorism, while remaining faithful to democratic principles. House demolitions were always considered a necessary evil, which could be resorted to in very exceptional circumstances - are we now facing populist trends that runs contrary to the traditional ethos of subjecting counterterrorism policies to rule-of-law constraints.
The deputy president of the Jerusalem District Court inaugurated the Basic Law on Israel as the Nation-State of the Jewish People, issuing the first verdict based on it - imposing punitive damages on Hamas for the severe post-traumatic stress suffered by a Jewish Israeli wounded in a terror attack in Tel Aviv in 1998.
IDI researcher Dr. Ruvi Ziegler appraises the judgment of the Israeli Supreme Court in the third round of constitutional challenges to legislation authorizing detention of asylum-seekers in Israel. He critiques the judicial assessment of explicit and hidden legislative objectives, the role of international refugee law in the decision, and the normative question of irregular entry of asylum-seekers, and highlights legal challenges concerning the removal of asylum-seekers from Israel to third states.
On February 21, 2012, just before the High Court of Justice was to hear his petition, Palestinian detainee Khader Adnan agreed to end his life threatening hunger strike after Israeli authorities agreed to release him in April, at the end of four months of administrative detention. Attorney Elad Gil explores basic questions about the use of administrative detention in Israel and highlights lessons learned from the Adnan affair.
A number of controversial bills recently tabled in the Knesset undermine basic constitutional values, add fuel to the international assault on Israel's legitimacy, and may end up damaging Israel's democratic character. In an article in The Jerusalem Post, IDI Former President and Founder Dr. Arye Carmon and Vice Presidents Professors Mordechai Kremnitzer and Yedidia Z. Stern respond to these initiatives.
In this op-ed article, IDI Vice President of Research Prof. Mordechai Kremnitzer and IDI researcher Adv. Shiri Krebs question the wisdom of forming a parliamentary commission of inquiry into the funding of Israeli human rights organizations. They warn against a slippery slope to McCarthyism and point out that the establishment of the commission, far from strengthening Israel’s legitimacy, will accelerate efforts to delegitimize Israel and prosecute Israeli officials overseas.
The question of who is a citizen of Israel is tied to many issues in the forefront of debate in Israel. In this article, guest columnist Former MK Shulamit Aloni focuses on the democratic nature of the State of Israel, and particularly the concept of equality, as the foundation on which citizenship rests, and decries recent racist undercurrents observed in Israeli society, which she sees as contrary to the founding vision of the State.
In this article, IDI Vice President Prof. Yedidia Z. Stern explains the current conversion crisis in Israel, reviews the evolution of attitudes towards conversion in halakhic literature over the ages, and concludes with a proposal that is compatible with Jewish law while responding to pressing contemporary needs.
In this article, the former Director-General of Israel's Ministry of Public Security debunks the case against the proposed privatization of prisons in Israel. In his opinion, operating a prison under private management is an experiment that can actually improve prison conditions and support prisoners' rights.
The regulation of marriage and divorce in Israel is perceived by many as the main obstacle in attaining a constitution for Israel. Can the Spousal Registry Law help solve the discrepancies that subsequently arise? Dr. Shahar Lifshitz, author of a new Policy Paper on the topic, gives us his personal view.
Justice across Cultures
Disengagement 2005 as a Test Case
The Harming of Innocents in the War Against Terror
On Human Dignity as a Supreme Moral Value in Modern Society
Lesson Plans for High School Students
The 12th Caesarea Economic Policy Planning Forum, July 2004
The Third Public Council Conference, March 2001