Blog of the International Journal of Constitutional Law

Tag: Israeli Supreme Court

  • Red Lines for Israel’s Constitutional Reforms

    —Moshe Cohen-Eliya & Iddo Porat, College of Law and Business There appears to be a revolution of sorts on the horizon of the Israeli legal system. All the parties that form the current right-wing coalition ran with a platform of reforming the Israeli legal system and once elected they included the following within their coalition agreements:  “All the coalition parties would support all legislation proposals, including in Basic Laws, as suggested by the Minister of Justice, with the purposes of, inter alia, regulating the relationship between the branches of government and their powers, and in particular the relationship between the Knesset and the government vis-a-vis the judicial system and the Supreme Court and the method of selecting judges.

  • The Straw that Broke the Back of the Constitution? When Quantity Transforms to Quality

    —Yaniv Roznai, IDC Herzliya, Harry Radzyner Law School* On October 27, 2020, an extended bench of the Israeli Supreme Court held a hearing in HCJ 2905/20 et al. Regarding the Basic Law: Government, Amendment No. 8 and the Temporary Order (the Alternation of Government), a hearing that was broadcast live.

  • Silwad Municipality v. The Knesset: The Invalidation of the Settlement Regularization Law and its Aftermath

    —Tamar Hostovsky-Brandes, Ono Academic College Faculty of Law Introduction On June 9, 2020, the Israeli Supreme Court delivered its decision in the case of Silwad Municipality v. The Knesset, regarding the Settlement Regularization Law (the “Law”), enacted by the Knesset in 2017.

  • Inherent Limits on the Override Power after the Israeli Election

    —Rivka Weill, Harry Radzyner Law School, IDC Within the first twenty-four hours after the Israeli election, the future political partners of PM Netanyahu raised the demand to enact a general override clause as part of the Basic Laws. They believe that this override clause will empower them to govern without the intervention of the High Court of Justice.

  • In Wake of Controversial Enactment Process of Trump’s Tax Bill, Israeli SC Offers a Novel Approach to Regulating Omnibus Legislation

    —Ittai Bar-Siman-Tov, Assistant Professor, Bar Ilan University Faculty of Law A controversial tax reform is enacted in the middle of the night. It is enacted in a massive hundreds-of-pages omnibus bill, which is rammed through the legislative process in a highly accelerated pace.

  • Hellerstedt and Standing: A Comparative View

    —Stefanus Hendrianto, University of Notre Dame The issue of standing appears to be relatively marginal in comparative constitutional law, because comparative constitutional scholars tend to see standing as a technical issue. For instance, in analyzing the recent U.S. Supreme Court decision, Whole Women’s Health v Hellerstedt,[1]  many legal analysts have missed an important aspect of the case; the question of standing, which became one of the central arguments in Justice Thomas’s dissent. 

  • Soundbite Rules

    —Or Bassok, Max Weber Fellow, European University Institute The picture above, showing the Israeli Supreme Court in the background, is not a photomontage. This is how the Israeli Supreme Court (hereinafter: the Court) looks from the rooftop of a new movie theatre in its close vicinity.[1]