22 March 2021
Tracking Citizens
Israeli authorities will still be able to use military phone tracking surveillance technology in the combat against the Coronavirus – but not in a way as unbridled as the government had wished. This is the outcome of a recent decision by the Israeli Supreme Court in the case of ACRI v. the Knesset. The Court refrained from declaring the Law authorizing the General Secret Service to track contact persons of infected COVID-19 patients invalid, but limited the cases in which military phone tracking surveillance technology could be used, and required the government to establish clear criteria for such use. Continue reading >>
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14 June 2020
Constitutional Adjudication of International Law Violations
On June 9, 2020, the Israeli Supreme Court delivered its long-awaited decision regarding the 2017 Settlement Law. The Court invalidated the Law by an 8 to 1 majority, determining that it violated the constitutional rights to property, dignity and equality. In addition to the importance of the concrete decision, the ruling raises important issues regarding the applicability of Israeli constitutional law to the Occupied Territories, the role of international law in the context of constitutional review in Israel, and the relevance of the answers to these issues in the case of a possible upcoming annexation of the West Bank. Continue reading >>
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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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15 May 2018
The Israeli Override Clause and the Future of Israeli Democracy
The recent proposals to enact an override clause to the Israeli Basic Law; Human Dignity and Liberty has triggered a fierce public debate in Israeli legal and political circles. Under this proposal, the Knesset could reenact a statute that was declared void by the courts. As is characteristic of such debates, the proponents and opponents of the override clause claim to defend democracy, strengthen the protection of rights and defend restore the proper balance between different branches of government. The purpose of this post is to explain the background of this debate and evaluate the pros and cons of the override clause in the Israeli context. Continue reading >>
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