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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