An Attack on the Rule of Law in Israel
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Abstract
This article analyzes the implications of the proposals of the Minister of Justice and the Chair of the Knesset's Constitution Committee to overhaul the judiciary of Israel. These proposals, if legislated, will undermine basic principles of democracy, the rule of law, and the protection of human rights. In the absence of a complete formal constitution and its relatively weak system of checks and balances, Israel has developed several institutions that protect the rule of law and human rights, including a Supreme Court with the power of judicial review of legislation; a balanced and professional system for selecting judges; a strong legal civil service, with a relatively independent attorney general. The so-called legal reforms deal specifically with these institutions, and seek to weaken or annul them. As such, this judicial overhaul is tantamount to a revolutionary attempt to change the regime and would undermine the democratic character of Israel.
Contributor Notes
SUZIE NAVOT is a Full Professor of Constitutional Law and Vice President of research at the Israel Democracy Institute (IDI). She holds an LL.B (cum laude) and an MA in Public Policy (cum laude), both from Tel-Aviv University, and an LL.D from the Hebrew University of Jerusalem. Before her IDI appointment, she was a faculty member at the Striks Faculty of Law. Navot has written books, over 70 academic articles, and book chapters, served in several public commissions, and was awarded several awards. She is a senior commentator for the Israeli media on constitutional and political-legal issues. E-mail: suzie@idi.org.il
GUY LURIE is a research fellow at the Israel Democracy Institute. He completed his LLB (law and international relations) at the Hebrew University of Jerusalem, was accepted into the Israeli Bar Association (2003), and received his PhD in History from Georgetown University (2013). He served as the coordinator of the Shamgar Commission on writing a code of ethics for government ministers (2006–2007). Dr. Lurie's publications are on various aspects of the operation of the judiciary, the prosecution and the attorney general, as well as in the fields of legal history of Israel and Europe, and history of political thought. E-mail: GuyL3@idi.org.il