04 December 2024
Under Guise of War
The Knesset’s legislative work since October 2023 has included several legislative initiatives that may be creating a framework for furthering systemic discrimination against Arab Israelis. These new laws could pose a dangerous new precedent in Israel, stripping the right to equality and human dignity of their meaning and threatening the already fragile state of democracy as we know it. Continue reading >>
0 
21 November 2024
Deporting the Enemy Within
Two weeks ago, the Israeli Knesset passed a law that grants the Minister of the Interior powers to deport family members of terrorists, including Israeli citizens. The logic of this law, its instrumentalization of legitimate security concerns to not just deny the rights and membership status of minority groups but attack the foundations of a constitutional system, is not unique to contemporary Israeli politics. As such, this logic needs confronting and refuting, and this law presents an important opportunity to do so. Continue reading >>
0
26 September 2024
Can the Knesset dissolve itself during recess?
On July 28, 2024, the 25th Knesset entered the longest recess in its history amidst an ongoing military conflict and complex political challenges. This unprecedented situation brought to the forefront the urgent and hypothetical question of whether opposition factions in the Knesset could initiate the dissolution of the Knesset, topple the government, and return the mandate to the people. While the High Court of Justice ruling in Frij restricts convening the Knesset during recess to urgent government matters, private bills aimed at dissolving the Knesset should be an exception under certain constitutional conditions. Continue reading >>
0
26 July 2023
The Folly of the Israeli Government in Restricting Reasonableness
On Monday, July 24, the Israeli legislature passed a constitutional amendment that would constrain the courts’ ability to use the reasonableness doctrine. The reasonableness doctrine is a common law doctrine developed by the Israeli courts to review executive decisions. Without the reasonableness doctrine, Israel is more conflicted than ever, and vulnerable to the spread of the scourge of corruption. The government shot itself in the foot both domestically and internationally. Continue reading >>24 July 2023
An Unreasonable Amendment
Amidst massive protests taking place in Jerusalem and throughout the country, on July 24th the Knesset (Israeli parliament) passed Amendment Number 3 to Basic Law: The Judiciary, curtailing the power of Israel’s Supreme Court. The amendment determines that no court, including the Supreme Court seating as the High Court of Justice, may engage with and/or pass judgment on the reasonableness of any “decision” of the government, the prime minister, or any minister; nor may a court give an order on the said matter. The coalition government’s choice to go ahead with the legislation notwithstanding the internal and external pressures may now only deepen the multi-layered crisis the country has been in since January. Continue reading >>
0
12 July 2023
Did Israel Lose its Sanity?
Israel is in the midst of an acute struggle over its constitutional identity. We are witnessing a government adamant about revolutionizing Israel’s constitution (“Basic Laws”), which may typically be amended by a simple majority of the legislature and is thus prey to the whims of an extreme government. The most recent move on the government’s agenda, passing a constitutional amendment that would severely restrict the reasonableness doctrine, would bring Israel closer to the brink of constitutional chaos. In this blog, I explain the theoretical arguments in favor and against the proposal and lay out the implications, should this proposal go through, given the government’s true, concerning motivations that are already evident on the grounds. Continue reading >>
0
28 June 2023
Saifan and the Weaponization of Trade Secrets
The Knesset’s Constitution, Law and Justice Committee has been convening to discuss the regulation of spyware in response to the on-going fall-out over the Israeli police’s use of the spyware Pegasus (“Saifan” in its local iteration) to surveil Israeli citizens, including political activists. Public debate has chiefly focused on the question of legal authority surrounding police surveillance but has generally failed to recognize the underlying cooptative dynamics of governmental technology procurement. In this post, we detail the contested legal grounds on which the Israeli police and Ministry of Justice rely for spyware authorization as well as an analysis of the government procurement of surveillance technology, with particular emphasis on the weaponization of trade secrets in the service of strategic concealment of governmental operations. We argue that the combination of outdated laws with nontransparent operations make public accountability and oversight intensely difficult. Continue reading >>
0
31 March 2023
The Battle Over the Populist Constitutional Coup in Israel
On the night of March 26, 2023, the battle over the constitutional overhaul planned by Israel’s Netanyahu government reached an apex moment. Much uncertainty lies ahead. What is clear is that a combination of massive protests, pressure by significant groups in Israeli society such as the tech industry and elite military reservists, and American pressure forced Netanyahu to suspend the legislative process. Whether this development will lead to the burial or the reemergence of the constitutional coup is yet to be seen. The road ahead is complicated, as rejection of the coalition’s plan, while seemingly a victory for the democracy movement, may also serve to feed the populist argument about elites. Continue reading >>
0
17 March 2023
Separating Substance from Procedure: How to Address the Israeli Constitutional Crisis
Many proposals to resolve the current Israeli constitutional crisis have been recently advanced. Yet, most of them are arguably unlikely to bring about a compromise. This is so not because their content cannot be accepted by the parties involved, but because they do not address the substantive concerns of the parties. Israel's constitutional crisis results from the fact that the parties to the conflict shape their proposals concerning the decision-making process in a way that is conducive to their short-term substantive interests. Any proposed solution must therefore separate substantive questions from procedural and institutional ones. Continue reading >>
0
13 March 2023