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.)
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.
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.
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.
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.
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.