constitutional law

Is the Declaration of Independence of Binding Legal Status?

Adv. Ariella Segal 25 Heshvan 5784 | 9 November 2023

Following the HCJ hearing on the amendment to Basic Law: The Judiciary regarding the reasonableness doctrine (HCJ 5658/23). One-line Answer: The Declaration of Independence is of enormous historical importance,...

Publication

What Can We Learn from Canada About Judicial Use of Unwritten Principles?

Adv. Avraham Shalev 25 Heshvan 5784 | 9 November 2023

An interesting 2021 ruling from the Supreme Court of Canada is very relevant to the conversation in Israel about judicial reform: What is the relation between “the language of...

Who Supersedes Whom– The Court or the Basic Laws?

Ariel Erlich 12 Tishri 5784 | 27 September 2023

On the backdrop of the HCJ hearing on the amendment regarding incapacitation to Basic Law: The Government (HCJ 2412/23) and the amendment regarding reasonableness to Basic Law: The Judiciary...

Is it Legitimate for Parliament to Legislate Restrictions on Judicial Administrative Review?

Kohelet 28 Elul 5783 | 14 September 2023

An interesting judgement from the British court is of particular relevance to the discourse in Israel: Is legislation that deems some government agencies’ decisions immune to judicial review acceptable,...

The Israeli government finally has the power to restore balance

Adv. Avraham Shalev 25 Tevet 5783 | 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....

Selecting Judges to Constitutional Courts – a Comparative Study

Kohelet 7 Shevat 5782 | 9 January 2022

What is the appropriate method for selecting Supreme Court justices? That question is one that drives a considerable amount of the public discourse in Israel. Ever since the enactment...

The Declaration of Independence wasn’t meant to be Israel’s constitution

Prof. Eugene Kontorovich 28 Kislev 5782 | 2 December 2021

The article was originally published in Mosaic Magazine In his superb series on Israel’s declaration of independence, Martin Kramer brings to life the circumstances and calculations behind the document’s drafting. This...

Prof. Eugene Kontorovich at the Judiciary Committee of the Congress

Kohelet 7 Iyyar 5776 | 15 May 2016

Prof. Eugene Kontorovich’s testimony examined how the Executive improperly ignored legislation pursuant to the Foreign Commerce Clause in implementing the Iran nuclear deal and also ignored restrictions on funding...

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