Publications Regarding Separation of Powers
Articles
Israel’s Renewed Judicial Overhaul
Written By: Prof. Yuval Shany, Prof. Amichai Cohen
With the war in the Middle East receding, the battle over Israel’s legal system has resumed, threatening judicial independence.
Bill Proposal: Ombudsman of the Israeli Judiciary (Amendment – Appointment of the Ombudsman), 2024
Written By: Dr. Guy Lurie, Dr. Amir Fuchs
The proposed bill, which would change the selection process of the Ombudsman - responsible for investigating complaints about the conduct of judges and religious court judges - aims to intimidate judges and undermine their independence.
A Dangerous Attempt to Politicize Israel's National Security
Written By: Dr. Eran Shamir-Borer, Adv. Edna Harel Fisher
Defense Minister Katz recent demand that the IDF Chief of Staff reprimand the Chief of the IDF Intelligence Directorate for presenting the possible security implications of the "Trump plan" for Gaza is the latest in several steps that threaten to politicize Israel's national security agencies, a process that could be disastrous for the country.
Ministers Levin and Saar's Proposed Changes to the Judicial Selection Committee
Written By: Dr. Guy Lurie
Justice Minister Yariv Levin and Foreign Minister Gideon Sa’ar presented their proposed changes to the composition of the Judicial Selection Committee (JSC) as a compromise aimed at achieving a gradual change in the judicial selection process, but many constitutional experts worry that the plan will have dire consequences resulting in the politicization of Israel’s judicial selection process.
Fear of Politicization of Police Prosecution: A Sign to Separate from the Police
Written By: Dr. Guy Lurie
To protect the credibility of the police as an impartial law enforcement agency, independent oversight over the police prosecution unit - the police unit that issues criminal charges - must be increased through the Attorney General's office.
Understanding the Supreme Court's Ruling: Selection of the Supreme Court President
Written By: Dr. Guy Lurie
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.
The Role of the Attorney General and Government Conduct
Written By: Dr. Guy Lurie, Adv. Anat Thon Ashkenazy, Adv. Daphne Benvenisty
In recent days the Attorney General has issued several warnings that decisions are being made using "flawed work processes." This explainer provides an overview of the role and importance of the Attorney General in Israeli democracy, and the current criticism directed by the AG at the government.
Continue to Stand Guard: Israel's Decline in Global Democracy Metrics is Troubling, but Not Catastrophic
Written By: Dr. Assaf Shapira
V-Dem's latest report downgraded Israel's status from a "liberal democracy" to an "electoral democracy." The change in Israel's category is concerning, but on its own, it does not necessarily indicate a clear democratic decline.
Appointment of Judges to High Courts in Democratic Countries: A Comparative Study
Written By: Prof. Amichai Cohen, Dr. Guy Lurie
The research examined 42 countries included all the OECD member states along with other leading democratic countries.
The Override Clause Explainer
Written By: Dr. Amir Fuchs
Turning court rulings into a “recommendation” that the Knesset could override, is likely to exacerbate tensions that already exists between the Supreme Court and the Knesset.
On Democracy and the War against the High Court
Written By: Prof. Amichai Cohen
Elections are an attempt, not always successful, to translate the voters’ wishes into a well-functioning and representative government - however no democracy anywhere in the world makes do with elections to a single institution as the only means for implementing democracy
How Many Laws Were Struck Down by the Supreme Court in Israel?
Written By: Dr. Amir Fuchs
With calls to enact an 'override clause' to push back against judicial review back in the news, Dr. Amir Fuchs analyzed the twenty laws the Court has overturned since Israel's establishment
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IDI's Legal Experts Hold Online Briefing Ahead of Netanyahu's Trial
Written By: Prof. Yuval Shany, Dr. Amir Fuchs
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.
A Lethal Virus
Written By: Prof. Yedidia Z. Stern
"If indeed a member of the Judicial Appointments Committee was swayed by bribes, this constitutes the deepest possible subversion of the system and its legitimacy".
Basic Law: Legislation – A Lethal Blow to the Supreme Court
Written By: Prof. Mordechai Kremnitzer, Dr. Amir Fuchs
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.
The Override Clause—Canada and Israel
Written By: Prof. Tsvi Kahana
Democracies ensrhine onstitutional rights, and give the court the power to protect them, out of concern that the legislator may act rashly, or even tyrannically - so then why should we "override" the court's authority - when we have no other constraints
