21 September 2025
The Judicial Overhaul Post October 7
In the span of one year, Israel experienced two historic crises: a constitutional crisis triggered by the 2023 judicial overhaul and a national security emergency following Hamas’ October 7 attack. Either event alone could have destabilized democratic institutions, yet their convergence deepened threats to Israel’s liberal democracy. Contrary to the expectations of many Israelis, the security crisis did not halt the judicial reform process. Instead, it served as a smokescreen that enabled the government’s continued pursuit of populist constitutional transformation. Continue reading >>
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16 April 2025
Governing in the Shadow of Indictments
Israel has been experiencing fierce conflicts between the Prime Minister and the government on the one hand and prominent public officials on the other. Two such conflicts have occupied the public discourse in recent weeks: the conflict between the government and both the Attorney General (Gali Barahav-Miara) and the head of the internal security service (Ronen Bar). In both cases, the government's attempt to remove these officials from office has run into legal difficulties, grounded in accusations concerning conflict of interest, which stem from two opposing principles within administrative law. Continue reading >>
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09 April 2025
How Hungary’s Withdrawal from the International Criminal Court Affects the Credibility of the European Union
Hungarian Prime Minister Viktor Orbán launched another attack on the rules-based world order. He invited Israeli Prime Minister Benjamin Netanyahu, who is under an arrest warrant of the International Criminal Court (ICC) for allegations of war crimes and crimes against humanity, for a state visit to Budapest. On this occasion, Orbán announced Hungary’s withdrawal from the ICC, which he defined as “a politically biased” institution. With this move, Hungary undermines the EU’s long-standing and consolidated support for the ICC. Continue reading >>
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03 March 2023
In der Existenz bedroht
"In Ungarn geht es um das Überleben der Demokratie. In Israel geht es um das Überleben Israels." Continue reading >>
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03 March 2023
An Existential Threat
"In Hungary, it is about the survival of democracy. In Israel, it is about the survival of Israel." Continue reading >>
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01 February 2023
Israel: Cry, the Beloved Country
Israel, like many other democracies today, is a deeply polarized society. The operating principle of public discourse is typically: “Art thou for us or for our adversaries” (Joshua 5:13). It is thus telling that, in the recent eruption in response to Netanyahu’s new government plan to reform the judicial system, one sees groups whom one would have never expected on the anti-government side of the current protests. Continue reading >>17 January 2023
A Possible Regime Change in Israel
Israel is rapidly undergoing a regime change/constitutional revolution - Hungary style - as reflected by various draft bills placed on the Knesset’s agenda during the past days, accompanied by a grand plan of reform presented by the Minister of Justice on January 4th. The new Israeli government only took office a few weeks ago, but these plans, evidently, were prepared carefully over several years. If successful, Israel may fully lose its democracy. Continue reading >>14 October 2020
An Emergency within an Emergency within an Emergency
On September 17, 2020, I published a blogpost on Verfassungsblog, warning that while COVID-19 has not, at the time, been used in Israel as a justification for banning protests, there was reason for concern. The concern materialized on September 30, 2020. The Knesset amended the Coronavirus Law to allow the government to declare a “special coronavirus emergency situation” which raises an array of questions. Continue reading >>17 September 2020
Lock-Down to Avoid Lock-Up?
Whether and to what extent public demonstrations can legitimately be limited in times of a pandemic is a challenge many countries are facing these days. In Israel, however, the COVID-19 crisis is intertwined with an ongoing political crisis. Citizens take to the street against a government which uses the pandemic as an argument to restrict those very protests. With a second lock-down imminent, is freedom of assembly in danger in Israel? Continue reading >>12 May 2020
Is it the Court’s Role to Save a Country from Itself?
On May 6, 2020, the Israeli Supreme Court rejected eight petitions against PM Netanyahu’s rule as PM and against the unity agreement between Netanyahu and his former contender, Benny Gantz (“the Unity Agreement”). The unanimous decision was delivered by an expanded panel of eleven judges, who emphasized that despite the severity of the allegations against Netanyahu, there was no basis, in Israeli law, for disqualifying him. Continue reading >>
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