Publications

The “pro-democracy” protesters should retain the ability to have a meaningful conversation

Meir Rubin - Neria ט"ז אדר התשפ"ג | 9 March 2023

Even those who protest the legal reform don’t want to live in a country where the policy is determined on the street, using sandbags and barbed wire -Those who...

The comparison to Hungary – an Orban legend

Adv. Pinhas Ancselovits י"ד אדר התשפ"ג | 7 March 2023

Opponents of the judical reform often make comparisons between the process that Hungary went through and what will happen in Israel after the end of the legislation promoted by...

Herzl and Jabotinsky also understood that the voices of the rich and the poor are equal in political decision making

Adv. Aharon Garber ח' אדר התשפ"ג | 1 March 2023

The decision makers must also examine the economic consequences of the reform. However, attributing decisive weight to the political positions of the wealthy when making decisions is a...

Why judicial reform is essential

Adv. Aharon Garber, Adv. Avraham Shalev כ"ח שבט התשפ"ג | 19 February 2023

Like all liberal democracies, Israel needs a strong court and independent judges who will guard the rule of law, good governance, and civil and human rights. In the past...

The time has come to end Israel’s juristocracy and restore popular sovereignty.

Adv. Avraham Shalev כ"ו שבט התשפ"ג | 17 February 2023

Supporters of the reform must heed the president’s call for negotiations. However, any resolution must be based on the citizens’ right to decide how to govern themselves.

It’s not “the end of democracy” and a broad consensus is within reach

Prof. Moshe Koppel כ"ג שבט התשפ"ג | 14 February 2023

Have a hundred thousand people ever come out to protest against something they think you’re responsible for? Well, I’ve got that going for me. It’s been widely reported in...

What are they so afraid of?

Ariel Erlich כ"ג שבט התשפ"ג | 14 February 2023

Levin's law reform provoked three types of reactions: substantive discussion for and against, including alternate proposals and intermediary outlines; Extreme and irresponsible discourse, saturated with slogans about the end...

The court will have tools over the government even without the reasonableness standard

Adv. Ariella Segal כ"א שבט התשפ"ג | 12 February 2023

The judicial system has a complete toolbox with which it checks and balances the executive authority, aka the government, and its multitude of offices and bodies. The Minister of...

Government Basic Law Amendment – AG

Kohelet ב' שבט התשפ"ג | 24 January 2023

Proposed Government Basic Law (Amendment – Government Authority in Legal Matters), 2023

The Judiciary Basic Law Amendments

Kohelet ב' שבט התשפ"ג | 24 January 2023

The principle of constitutionality is a meta-principle of administrative law, according to which a public department is authorized to act only within the confines of jurisdiction given to it...

A systemic disregard for Israel’s Basic Laws demonstrates the importance of the judicial reform.

Prof. Eugene Kontorovich כ"ט טבת התשפ"ג | 22 January 2023

The intervention is a timely illustration of why the new government seeks to reform the tribunal.

The Israeli government finally has the power to restore balance

Adv. Avraham Shalev כ"ה טבת התשפ"ג | 18 January 2023

Israel is unique among Western democracies – it has a self-appointed judiciary that is at the same time legislator, executive as well as drafter and creator of Israel’s constitution....

Is It Time to Force Ukraine to Negotiate? No, it’s not

Dr. Yitzhak Klein ח' טבת התשפ"ג | 1 January 2023

Dr. Yitzhak Klein responds to a column by Prof. Inbar, who suggested that Ukraine should start negotiating with Russia over its territories.

Debunking myths about the “grandparent clause”

Prof. Eugene Kontorovich ג' טבת התשפ"ג | 27 December 2022

Israel’s new government is considering reforming the “grandparent clause” in the Law of Return. That original law of return was adopted in 1950 and is part of Israel’s foundational...

The lack of checks on the Supreme Court’s powers lies at the root of the cause for judicial reform

Adv. Avraham Shalev ב' טבת התשפ"ג | 26 December 2022

There are many important differences between Israel and Canada. Canucks are currently freezing in their parkas and toques, while Israelis are still in shorts and sandals. Canadians play hockey,...

What are the checks and balances on the Judicial branch?

Kohelet כ"ז כסלו התשפ"ג | 21 December 2022

Prof. Moshe Koppel, Chairman of the Kohelet Policy Forum participated in the Times of Israel debate on the judicial reforms.

The maritime border deal will take a toll on Israeli democracy

Prof. Eugene Kontorovich ד' חשון התשפ"ג | 29 October 2022

gged on by the Biden administration, Israel’s interim government is on the brink of undermining both the country’s security and its constitution by signing a deal that would give...

Discrimination against the Jewish state is not free speech

Prof. Eugene Kontorovich י"א תמוז התשפ"ב | 10 July 2022

June was a terrible month for the anti-Israel boycott, divestment and sanctions movement. On June 22, in Arkansas Times v. Waldrip, the Eighth U.S. Circuit Court of Appeals broadly...

Israel, Armenia and Presbyterians

Prof. Eugene Kontorovich י"ז סיון התשפ"ב | 16 June 2022

An American church has a glaring double standard when it comes to settlements in the West Bank and Nagorno-Karabakh.

Labeling of settlement goods is about discrimination, not law

Prof. Eugene Kontorovich ט"ו סיון התשפ"ב | 14 June 2022

Norway defends its decision to label Judea and Samaria products as being in line with the EU Court of Justice, but international law experts remain unconvinced.

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