30 December 2022
The Theoretical Limits on the Override Power
In 2019, anticipating that Israel might one day adopt an express override mechanism that would enable the Israeli legislature (the Knesset) to override the Basic Laws (Israel’s Constitution), I developed a novel theoretical framework to limit the override power. With the new hard-right government, my theory might be tested in practice. I therefore want to make this theory available in English for international audiences. Continue reading >>
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25 November 2022
The High Stakes Israeli Debate over the Override
Following the 2022 elections to Israel’s legislature (Knesset), a hardcore right wing coalition is in the process of forming. Each of the potential partners in this coalition fantasizes about introducing an override clause into the Israeli constitutional system for different political motivations. However, the result would be the same. It would allow the Knesset to disproportionally infringe upon constitutional rights. Continue reading >>
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10 May 2022
“When in doubt, detain!”
Israel recently saw a bout of terror attacks, including three assaults in a single week in late March 2022, and more since. The Israeli Government, in an attempt to curb the violence, decided among other steps to administratively detain without trial not only suspected possible terrorists from the Occupied Territories (as it regularly does) but also possible suspects among Israeli citizens. The use of administrative detentions without trial is a good example of the permanent mindset of emergency, as they are utilized as a regular means of government: when in doubt, the Israeli government detains. Continue reading >>
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20 July 2021
Does Where You (Legally) Stand Depend On Where You Sit?
On July 8, 2021, the Israeli Supreme Court rejected the petitions challenging Basic Law: Israel as the Nation of the Jewish People, enacted almost three years earlier. The so-called Hasson decision not only raises important questions about the relationship between legal and political struggles, it also calls into question the constitutional foundations of equality and democracy. Continue reading >>
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