Recent Events

Judicial Review and Election’s Dirty Tricks in an Age of Hyper-Activism

     One of the recent squabbles in Israeli politics was triggered by the Prime Minister’s decision to remove two of the judges on the panel that had been appointed to elect the winner of the prestigious Israel Prize for literature. Netanyahu openly conceded on his Facebook page that the reason for his decision was political, i.e., that the politics of those two judges (both distinguished professors of literature at top universities) were too leftist and therefore not sufficiently “Zionist” for his taste. Not surprisingly, the decision stirred public outcry.

Recent Developments in Israeli Law

The Israeli Supreme Court Blog

This issue of the Israeli Supreme Court Blog presents summaries of the recent decisions in LAA 7216/18 Lara Alqasem v. Ministry of the Interior and LCA 5860/16 Facebook v. Ben Hamu, as well as links to the Decisions of the IDF Military Advocate General Regarding Exceptional Incidents During Operation “Protective Edge” and two critiques of the decisions, and abstracts of two recent articles in the Israel Law Review.

Avinoam Sharon

Recent Developments in Israeli Law

Case Law:

HCJ 4113/13 Financial Organizations Coordinating Agency v. Minister of the Interior at al. – Outsourcing Tax and Debt Collection

In a decision delivered on March 26, 2018, the Supreme Court held that outsourcing tax and debt collection by municipalities constituted an unlawful delegation of authority as it was not expressly permitted by law and involved the delegation of discretion and granting the right to employ coercive force to a private body that is not subject to the principles of administrative law.

Alex Stein, Ofer Groskopf to Join Court

In the upcoming months, Justices Uri Shoham and Yoram Danziger will step down from the Court.  On Thursday, February 22, the Judicial Selection Committee chose their successors: Professor Alex Stein of the Brooklyn Law School and Lod District Court Judge Ofer Groskopf.  Groskopf, 49, will fill the seat being vacated Justice Danziger (five years before he reaches the mandatory retirement age of 70).

The Deri Appointment: Further Hearing Rules with Bite, Anti-Corruption Rhetoric without Teeth

One of the unique functions of the Israeli Supreme Court is to conduct a “further hearing” – an additional round of adjudication of a case which is not considered an appeal but is usually held, at the Court’s permission, when all other possible proceedings have been exhausted. A recent decision rejecting leave to file a further hearing petition crisply explains when a further hearing may be held but raises questions as to the Court’s role in preventing corruption in government and administrative bodies.

The Controversy Surrounding the Appointment of Attorney General Avichai Mendelblit

In recent weeks, political and legal news in Israel have devoted a lot of attention to the appointment of Avichai Mendelblit as Attorney General (“AG”). Below is a summary of the Israeli Supreme Court’s decision in two petitions challenging the appointment, first because Mendelblit was the lone candidate for the position, and second for allegations of conflict of interests.

The Israeli Supreme Court on Military Demolition of Palestinian Homes

Over the past three months, the Israeli Supreme Court has been called upon in at least three cases to revisit the issue of military demolition of the homes of Palestinians who have committed (or are suspected of having committed) acts of terror against Israelis. While the Court has declined to reconsider the constitutionality of home demolitions, in two of these cases Justices Vogelman and Mazuz have expressed concern about this measure, with Justice Mazuz calling on the Court to re-examine home demolitions as the relevant jurisprudence dates back at least two decades.

Remarks by Deputy President Emeritus Eliezer Rivlin at a Conference Marking the Retirement of President Asher Grunis

Remarks at a Conference Marking the Retirement of President Grunis

Deputy President Emeritus Eliezer Rivlin

June 21, 2015

Translated by Orly Rachmilovitz

 

In an event held in a Supreme Court courtroom upon the retirement of President Dorit Beinisch and the beginning of the Justice Asher Grunis’ term as President, I congratulated them both and expressed my confidence that President Grunis would safely sail the Court through troubled waters to a safe haven.

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