Supreme Court

Publications Regarding Supreme Court

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.

Article

The Rule of Law: The Attack on the Principle of “All are Subject to the Law” in Israel

Like all democracies, the principle of the "Rule of Law" exits in Israel. In recent years, there have been quite a few attempts to overcome this tenant, potentially causing long-lasting damage to public confidence in the justice system. Dr. Fuchs explains.

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

Overwhelming Support for Retaining Judicial Review Among Right Wing-Voters

A special IDI survey examined attitudes of right wing voters and found that 42% of right-wing voters support a unity government and that 43% oppose additional political power for elected officials at the expense of the Judicial Branch of government.

Israeli Voice Index

The Positions of the Israeli Right-Wing

This special survey examines attitudes of right wing voters on a number of issues related to September's election including the possibility of a unity government and recent proposals that would limit judicial review and oversight of Knesset and government decisions. 

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

Article

Presentation of the Israeli Democracy Index to the President of Israel

"Our central mission—and we see you as a partner in this—is to strengthen Israel’s democratic core in the spirit of the Declaration of Independence"  says Yohanan Plesner in his address to President Reuven Rivlin.

Article

Government Ministers to Vote on Bill to Override Supreme Court Decisions

The Prime Minister is currently fighting to remove the Supreme Court's power to strike down Knesset legislation, thereby turning the last protector of human rights in Israel into merely an advisory board. He is even threatening elections over the issue. 

 

Article

The end of the delegitimization of the Supreme Court

“The campaign to remake the Supreme Court has been completed” said Justice Minister Shaked - so now with its new and more conservative profile, there is no longer any justification for the delegitimization of the Supreme Court.

Op-ed

Time for Home Demolitions to be Tested by the Supreme Court

Are home demolitions legal? And are they effective? Both IDF commanders and Israeli Supreme Court judges have raised doubts on the matter. In an op-ed published by The Jerusalem Post, IDI's Tal Mimran says the time has come to reevaluate Israeli policy.

Press Release

The Israel Democracy Institute to heads of the coalition and cabinet ministers: The bill to obliterate the Supreme Court's ability to disqualify Knesset candidates is reminiscent of the Council of Guardians of Iran

Following the advancement of an amendment to a Basic Law on the issue of removing the authority of the Supreme Court to intervene in decisions of the Central Elections Committee to cancel candidates or lists from participating in elections, the Israel Democracy Institute (IDI) sent out a sharply worded policy paper opposing this proposal. 

Press Release

IDI on the Graffiti on the Supreme Court: It is on the Prime Minister and party leaders to act to protect the Supreme Court

The Israel Democracy Institute (IDI) spoke out strongly against the graffiti painted on the Supreme Court building, discovered Nov. 4, and said it is a direct result of the slander that has been recently put out there against the court system by Israeli public activists. IDI stressed that it is the job of the Prime Minister and the parties to defend the rule of law. 

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

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. 

Op-ed

The Prevention of Infiltration Act in the Supreme Court: Round Two

IDI researcher Dr. Reuven (Ruvi) Ziegler explains why he believes the Supreme Court should overturn Amendment No. 4 of the Prevention of Infiltration Act just as it invalidated its predecessor.

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

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

Human Rights under Attack

IDI Researcher Attorney Amir Fuchs discusses two indirect threats to human rights in Israel: attacks on the Israeli Supreme Court and attacks against Israeli human rights organizations.

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

The Security Check Appeal: Another Extension of the Judgment

Eli Bahar, former legal adviser to the General Security Service, analyzes the Israeli Supreme Court’s decision to postpone ruling on a petition requesting the elimination of ethnic security checks in Israeli airports.

Op-ed

On an Appropriate Evacuation and Inappropriate Petitions for Postponement

Attorney Amir Fuchs responds to Research Fellow Yair Sheleg's article "Appropriate and Inappropriate Evacuation," and takes exception to some of the arguments that it raised regarding the evacuation of settlements in Judea and Samaria on the basis of property rights.

Op-ed

The Tal Law: Judicial Responsibility at its Best

Prof. Mordechai Kremnitzer presents a contrasting view to Prof. Yedidia Stern's assertion that the Israeli Supreme Court's ruling on the exemption of ultra-Orthodox men from military service in Israel is "<a href="http://en.idi.org.il/analysis/articles/judicial-activism-at-its-height">Judicial Activism at its Height</a>." 

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

The Tal Law: Judicial Activism at its Height

The Supreme Court's decision to strike down the Tal Law, after 30 years of avoiding the issue of the exemption of ultra-Orthodox Jews from military service, is an expression of judicial activism that illustrates the transformation that the Israeli Supreme Court has undergone in the last generation. In this op-ed, originally published in Hebrew in <em>Makor Rishon</em>, IDI Vice President Prof. Yedidia Stern asserts that the Court went too far in this ruling and that its activism is hard to justify.

Op-ed

Neeman's "Jewish Poker" Game

Prof. Mordechai Kremnitzer and Attorney Amir Fuchs explain why they see the "Bar Association Bill" as undermining the rule of law. This bill would change the way that the Bar Association's representatives to the Judicial Appointments Committee are selected, and would apply retroactively.