Judiciary

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Articles

Article

Facts, Preferences, and Doctrine: An Empirical Analysis of Proportionality Judgment

Legal proportionality is one of the most important principles for adjudicating among conflicting values. However, little is known about the factors that play a role in the formation of proportionality judgments. This research presents the first empirical analysis on this subject, based on a sample of 331 lawyers and legal academics.

Op-ed

High Court Seems to Think That Only Arabs Need Deterrence

The Israeli High Court's claim that home demolitions need not be applied to Jews because they support terror less than Palestinians must be rejected. (This article was originally published by Haaretz.)

Article

The Passing of Supreme Court Deputy President Mishael Cheshin: A Loss to the People and State of Israel

IDI Vice President Prof. Mordechai Kremnitzer remembers Israeli Supreme Court Deputy President Mishael Cheshin, a luminary of the Israeli judicial system and warrior against governmental corruption, who regularly spent time at IDI and whose clear voice on legal issues will be sorely missed.

Op-ed

Minister of Justice Friedman vs. The Judicial System

Last week, the Justice Minister proposed a bill aimed at separating the duties of the Attorney General from those of the Public Prosecutor. Prof. Mordechai Kremnitzer writes that Friedman's several attempts to introduce changes to the judicial system should be seen for what they are: a part of his larger agenda of weakening the judicial system.

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.

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.

Press Release

IDI’s Forum of Former Ministers: ‘Make Professionalism of High Court Nominees Top Priority’

Press Release

IDI Scholars Respond to Bill to Cancel Supreme Court Seniority System

The Israel Democracy Institute responded Thursday to the proposed bill to cancel the seniority system and deferral of deliberations on choosing Esther Hayut as the president of the Supreme Court, saying such steps harm the basic principles of the work of the judicial branch.

Op-ed

Israel’s Agreement with Turkey: Does it Protect IDF Soldiers from Prosecution?

Prime Minister Benjamin Netanyahu announced recently that Israel and Turkey had reached an agreement leading to reconciliation between the two countries – and the Knesset approved the deal. Now the question becomes: will the deal have the impact Israeli soldiers are hoping for? Originally published by the Jerusalem Post.

Article

The Legal Challenges Concerning the Removal of Asylum-Seekers from Israel to Third States

Article

Appointing Arab Judges to the Courts in Israel

In an article in Mishpat U'Mimshal, IDI researcher Dr. Guy Lurie addresses the issue of the lack of Arab judges in Israeli courts. This abstract presents the main issues discussed in the article.

Op-ed

What these Conservative Supreme Court Justices Won’t Do

The four new Judicial Appointments Committee selections to the Supreme Court last month have led to the usual partisan responses, breaking down along the lines of “winners” and “losers.” Despondent claims of an “anti-constitutional revolution” are being made simultaneously with celebratory assertions of “making history.” The facts, however, are quite different.

Article

The Firing of Ministers in Israel: A Historical Overview

The demise of the 19th Knesset was hastened by Prime Minister Benjamin Netanyahu's firing of Finance Minister Yair Lapid and Justice Minister Tzipi Livni. In the article below, IDI researcher Dr. Ofer Kenig discusses the various grounds for firing ministers in the past and how the current case fits into Israeli political practice.

Op-ed

John Doe v. Jane Doe: Several Comments on the Privacy Revolution of Noam Solberg

IDI Researcher Dr. Tehilla Shwartz Altshuler analyzes a Supreme Court ruling that recalled a book and struck a balance between the right to privacy and the right to freedom of expression, and discusses larger questions of privacy in the digital age.

Op-ed

censorship, gag orders, military censor, media

Prof. Mordechai Kremnitzer and Attorney Amir Fuchs assert that the only way to guarantee Israel's existence as a Jewish and democratic state is not through a Basic Law that defining Israel as the nation state of the Jewish people but through a Constitution. 

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

The Case of Jonathan Pollard: A Legal Analysis

In an op-ed in The Jerusalem Post, IDI Vice President Prof. Mordechai Kremnitzer analyzes Jonathan Pollard's life sentence and calls on President Obama to put an end to Pollard's incarceration In the name of the shared commitment to justice.

Article

Choosing between the Law and Torah

Is the tension over the arrests of Rabbis Dov Lior and Ya’acov Yosef a precursor to an inevitable collision between Halakha and the judiciary? IDI Vice President of Research Prof. Yedidia Stern shared his views on this question with Jonah Mandel of The Jerusalem Post.

Article

Pardon Requests in Cases Brought Before Israeli Military Courts: How Do They Work?

Even before the conclusion of the Elor Azaria trial, there were calls for the 'Hebron Shooter' to be pardoned. Under such circumstances, what does a pardon entail and how can an IDF soldier who had been sentenced in a military court of law be granted one?

Article

A Prime Minister Under Criminal Investigation

A summary of where the law stands regarding alleged wrong doing by the premier, as well as timely suggestions for reform, are in order.

Op-ed

Adviser or Prosecutor? Israel's Attorney General Can't be Both

IDI Vice President Yedidia Stern asserts that there is a conflict of interest between the Attorney General’s two functions—as State Attorney and State Prosecutor—and the office must be split in two. 

Press Release

Israel Democracy Institute Scholars on the Proposal to Enable Religious Courts to Arbitrate on Civil Matters: ‘A Good and Balanced Proposal’

Ahead of today’s vote on a bill that would enable religious courts to conduct arbitration with the agreement of both parties, similar to the arbitration that takes place in other frameworks, a policy statement was sent to the Ministerial Committee on Legislation by Israel Democracy Institute’s Dr. Benny Porat.

Op-ed

Detention of African Asylum Seekers in Israel: Welcome to Round Three

On December 8, 2014, just before the Knesset dissolved itself to prepare for early elections, it enacted the Law for Prevention of Infiltration and Ensuring the Departure of Infiltrators from Israel. IDI's Dr. Reuven (Ruvi) Ziegler reviews this development.

Op-ed

Heart vs. Head: The Case of Hanin Zoabi

Prof. Mordechai Kremnitzer and Admiral Ami Ayalon argue that while the heart has difficulty defending MK Hanin Zoabi's freedom of expression, the head demands that we object to the decision to remove her from parliamentary activity for six months.

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

The Haredi Draft: Is the Shaked Committee's Bill Destined to be Overturned?

As the Shaked Committee begins to vote on its proposal for the Haredi draft, Prof. Yedidia Z. Stern warns that the proposal's recommendation to exempt Haredi men of draft age during a three-year "adjustment period" is both inequitable and ineffective. 

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

Separating the Prosecution from the Police

Most criminal cases in Israel are prosecuted by the Israel Police rather than by the State Prosecutor. Prof. Mordechai Kremnitzer and Dr. Guy Lurie call for a division that would make the Police responsible for investigations and the State Prosecutor responsible for indictments and trials.

Op-ed

Quashing Legislation Mandating Lengthy Detention of Asylum-Seekers

Dr. Reuven (Ruvi) Ziegler shares observations on the decision of the Israeli Supreme Court that an amendment of the Prevention of Infiltration Law that mandated lengthy detention of asylum seekers is unconstitutional.

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

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.

Article

Second Strike and You Are (Finally) Out? The Quashing of the Prevention of Infiltration Law (Amendment No. 4)

IDI Researcher Dr. Reuven (Ruvi) Ziegler presents a brief overview of the Israeli High Court of Justice's decision to strike down Amendment No. 4 of the Prevention of Infiltration Law, and explores several themes that may be of comparative constitutional interest. 

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

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.