Judicial reform

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...

Judicial reform is essential to return democratic power To Israel’s citizens

Adv. Avraham Shalev 14 Av 5783 | 1 August 2023

The overhaul is necessary to return power from Israel's judges to its citizens

Judicial Reforms and the Threat of International Criminal Court Prosecution

Prof. Eugene Kontorovich, Adv. Avraham Shalev 29 Tammuz 5783 | 18 July 2023

The threat of International Criminal Court (ICC) prosecution has, in recent years, been repeatedly invoked by Israeli and foreign critics of various legislative proposals, including those with no connection to the...

Netanyahu’s announcement on judicial reform pause is anything but triumph of democracy

Prof. Eugene Kontorovich, Erielle Davidson 11 Nisan 5783 | 2 April 2023

Israeli Prime Minister Benjamin “Bibi” Netanyahu announced Monday night he was temporarily pausing his government’s judicial-reform efforts in the face of strikes by key industries, insubordination in some parts...

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