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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.

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.

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.)

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.

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.

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.

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.

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.

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?

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.

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.

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. 

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.

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.

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. 

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.

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.

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. 

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. 

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.

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.

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. 

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.

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.