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judicial review

  • The real reason Netanyahu has the High Court in his crosshairs

    The government's plan to curb the High Court’s authority distracts from the fact that on most of Israel’s discriminatory and anti-democratic laws and policies, the two institutions see eye to eye. In recent weeks, the Israeli media has reported on Prime Minister Netanyahu’s plan to propose new legislation that would grant the government more authority over the selection of High Court justices, as well as limit the court's judicial review power. The plan has been blocked by center-right Kulanu leader Moshe Kahlon as a condition for joining the new coalition, but Likud and its far-right partners have not ruled out…

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  • Complete control: On the unquestioned authority of the Interior Ministry

    Israel's judges rarely question whether the Interior Ministry may not actually be an expert on immigration matters, or whether it might be making decisions without asking the right questions - even when someone's life is on the line. The courts generally accept any, or nearly any, factual claim provided by the Interior Ministry regarding individuals whose requests for status in Israel were rejected. Judge Daphne Barak Erez's dissenting opinion in the verdict recently handed down by the Supreme Court reveals (a small portion of) the techniques used by the Interior Ministry to review facts. The dissenting opinion, presented in light…

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  • Mounting criticism of bill to limit Supreme Court powers

    Justice Minister Yaakov Neeman's draft bill for the Basic Law: Legislation has prompted a lively debate for and against, mainly over the clause that would allow the Knesset to revive a law that the Supreme Court has ruled unconstitutional through a 65-member majority. On Tuesday, the new chief justice of the Supreme Court, Asher Grunis, delivered a sharp message against the bill, and openly criticized the Justice Minister for not consulting with the Court in drafting it. His reprimand was a strong statement for a judge who is considered to be conservative and skeptical of judicial activism. One intelligent critique…

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