Judiciary

Publications Regarding Judiciary

Articles

Article

International Law "Made In Israel" Vs. International Law "Made For Israel"

Tendentious interpretations of international law are not surprising considering the high emotions surrounding the long and bloody Israeli-Palestinian conflict. However, to serve its purpose guiding the conduct of States and retain a high degree of legitimacy, international law must serve as a common legal language. 

Article

Does the High Court of Justice Intervene in Decisions to Release Prisoners?

Appeals to the HCJ to intervene in decisions relating to the release of prisoners are fairly common, but the Court has repeatedly rejected these appeals, noting that on issues of national defense and diplomacy, the bounds for judicial oversight are particularly narrow. 

Explainer

The Justice Minister’s Decision to Convene the Judicial Selection Committee

On November 5, 2023, Minister of Justice Yariv Levin notified the High Court of Justice that he will convene the Judicial Selection Committee within 15 days. Selecting judges is not possible in such a short time frame, so we will have to wait and see whether this decision leads to the completion of judge appointments to the vacant positions.

Op-ed

Israel needs a strong supreme court now more than ever

Justice Hayut's retirement from the presidency of the Supreme Court was well-known in advance, however, the Minister of Justice's refusal to convene the Judicial Selection Committee leaves Israel with a temporary replacement during a national emergency.

Explainer

Special State of Emergency in Israel’s Court System

What is a special state of emergency and who declares it?

Minister of Justice Levin declared a "special state of emergency" on October 7th, which has since been extended and is currently valid until October 20th. How does this affect the justice system in Israel?

Op-ed

The Supreme Court Hearing on Reasonableness: Law without Enforcement

On the question of Unreasonableness, it appears that the dispute is not only between the Knesset and the Supreme Court, but also among the justices themselves. There are many possibilities, but only one ruling, which will be handed down no later than mid-January 2024.

Article

Three Big Cases in Israel's September to Remember

Three petitions before the Israeli Supreme Court are transforming the usually slow month of September into a pivotal one in Israel’s ongoing judicial crisis.

Explainer

The Supreme Court Hearing on the Revocation of the Reasonableness Doctrine

On September 12, 2023, an unprecedented panel of 15 Supreme Court Justices will convene to hear petitions requesting to strike down the recent amendment to the "Basic Law: The Judiciary."

Op-ed

The Judicial Selection Committee must be convened now

The Judicial Selection Committee has not met for more than a year, and during this period, various positions held by judges have been vacated.

Podcast

Justice Yosef Elron challenges the superiority method

IDI expert Dr. Guy Lurie met with KAN's Mark Weiss to discuss Supreme Court Justice Yosef Elron's announcement that he would seek election as the next Supreme Court president, a decision that flies in the face of the "seniority method" that has been used to select the court's president to date. 

Op-ed

Why are Liberal Israelis so Terrified of Bibi’s Judicial Reforms?

The proposed legislation evicerates the only check on executive and legislative power in Israel.

Op-ed

Israeli Gov't Depends on Citizens Voluntarily Cooperating

Coercive regulations and enforcement, especially in democratic countries, have a more limited reach than governments are prepared to admit.

Article

How Israeli Judges Are Appointed: Questions and Answers

Why it is a bad idea to allow the coalition the deciding voice in the appointment of Supreme Court justices? Is it true that in Israel, judges appoint themselves? The complete guide to the impending constitutional reform.

Op-ed

61 Cats Guarding the Cream

The optimistic hope that the majority will not take advantage of its power to perpetuate its rule is akin to leaving the cream to be guarded by 61 cats. The temptation is just too strong.

Podcast

Judicial Reform

Prof. Suzie Navot sits down with Richard Pater of Bicom, to discuss judicial reform. Prof. Navot explains the background of Israel’s legal system, its uniqueness among other parliamentary democracies and the significance of potentially implementing an override clause.

Article

Terms of Office of Supreme Court Justices

In Israel, judges sit on the bench until they reach the age of 70, while advocates for changing the current method of their appointment often support the idea of limiting Supreme Court judges’ tenure.

Article

The Tenure on the Bench of Supreme Court Justices

Among assertions that a limited tenure for justices would prevent excessive influence by past governments on the current composition of the Supreme Court bench and allow the current government to replace a larger number of justices - what is the average tenure of Israeli Supreme Court justices?

Op-ed

Trust is on the Wane

Despite a decline in trust - the public still believes that in the Court’s role as a professional independent entity and guardian of democratic principles.

Op-ed

One Arab Justice Isn’t Enough

The imminent retirement of Judge Kara will leave the Supreme Court without an Arab justice, yet there is only one Arab candidate on the list of possible replacements. We must move beyond filling the "Arab chair" and ensure proportional representation of Arabs as well as women and Mizrahim in the courts

Podcast

How Revolutionary Was Israel’s ‘Constitutional Revolution’?

Prof. Amichai Cohen discusses his new book The Constitutional Revolution and Counter-Revolution, and explains the changing role of the High Court of Justice in maintaining the checks and balances of Israeli democracy.

 

Op-ed

Why is Public Trust in the Supreme Court Falling?

In an age of waning trust in state institutions and an ongoing health and democratic crisis, the public must be able to look towards the courts as a staunch defender of human rights and democratic structure.

Article

The Return to Balfour: Israel’s Supreme Court Strikes Down Coronavirus Regulations Curbing the Right to Protest

The latest judgement in a series of legal challenges to controversial measures adopted by the Israeli government in response to COVID, shows that the Supreme Court still plays an important role in checking government excess and reaffirming basic democratic and human rights values

Op-ed

On Democracy and the War against the High Court 

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

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

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.

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.

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.

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.

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

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.

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

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. 

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 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. 

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

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

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

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.

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

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

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

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

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.

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.

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.

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

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

The Override Clause—Canada and Israel

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

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.

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?

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.