Judicial reform

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...

The Legal Starting Point and The Sovereignty of The People

Adv. David Peter 25 Heshvan 5784 | 9 November 2023

A small piece of jurisprudential theory, in light of the HCJ 5658/23 hearing (regarding the amendment to Basic Law: The Judiciary) In One Line: If every judicial system is...

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 there a binding constitutional custom in Israel to appoint a representative from the opposition parties to the Judicial Selection Committee?

Adv. Ariella Segal 12 Tishri 5784 | 27 September 2023

The proposed bill for changing the composition of the Judicial Selection Committee has prompted wide public and professional debate. As of now, the Knesset has chosen its two representatives...

Israel Supreme Court

Will the Court Place itself above the Constitution?

Ariel Erlich 3 Tishri 5784 | 18 September 2023

If the court will rule that its authority is above basic laws, Israel will be the only county in the world where a constitutional system is led by a...

May a workers’ union strike as part of a political demonstration?

Kohelet 28 Elul 5783 | 14 September 2023

Following the court decision that canceled the Israel Medical Association (IMA)’s strike against the judicial reform (SK 57697-07-23). One line answer: The Labor Court determined that the IMA’s strike...

Incapacitation of a Prime Minister- What is in the Amendment to the Law and will the High Court (“Bagatz”) Repeal it?

Kohelet 27 Elul 5783 | 13 September 2023

HCJ (2412/23) recently heard petitions against the amendment to Basic Law: The Government pertaining to incapacitation of a Prime Minister. What is going on? One line answer: The amendment...

The Fallacy and Danger of the ICC argument

Kohelet 10 Elul 5783 | 27 August 2023

Why the Threat of International Prosecution is both False and Harmful In two recent articles in Maariv and Israel Hayom, Adv. Avraham Shalev and Prof. Eugene Kontorovich reiterate the...

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