Supreme Court

Following the HCJ ruling on Special Ed

Kohelet, Yishai Rivlin 25 Heshvan 5784 | 9 November 2023

In One Line:The Supreme Court canceled the Ministry of Education’s policy decision that shortened the school day in the Special Ed system due to a shortage of teaching staff....

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,...


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...

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...

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...

Israel’s Judicial Reform: A Step Towards Restoring Balance

Adv. Avraham Shalev 10 Iyyar 5783 | 1 May 2023

Israel has been rocked for several weeks by a heated debate about the future of its judiciary. The present government – the first one in four years to enjoy...

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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