Case summary

The Court's decision on reasonableness

In view of the importance of the Israeli Supreme Court’s recent decision in HCJ 5658/23 Movement for Quality Government in Israel v. The Knesset (the “reasonableness” decision) and the broad interest in this landmark case, we have decided to publish a translation of President (emer.) Esther Hayut’s majority opinion at this time, rather than wait until the completion of the translation of the full 738-page judgment.

Summary of cases from the Israeli Supreme Court, 2019-2020

Judgments of Interest:

The Israeli Supreme Court published its annual list of the Court’s most important decisions delivered between September 2019 and December 2020. Below, we present abstracts of selected cases, and links to English translations where available.  The full Hebrew list can be viewed here. We also present a brief list of several recently published articles addressing or drawing upon Israeli law.


Articles of Interest:

COVID-19 Roundup

The various measures adopted by the Israeli Government to confront the Covid-19 pandemic brought a flurry of petitions before the Supreme Court. The petitions ranged from a request to declare a Jewish leap year in order to delay Passover, to objections to particular restrictions and closures, and a challenge to the constitutionality of the contact-tracing regime adopted by the Government. Below, we present summaries of sixteen cases decided by the Court on petitions related to the Covid-19 pandemic.

Election of a permanent Speaker of the Knesset

Following the elections for the 23rd Knesset, the new Knesset was set to be sworn in on March 16, 2020. In anticipation of the swearing in, a majority of the Knesset requested that the acting Speaker of the Knesset, MK Yoel (Yuli) Edelstein, include a motion for the election of a permanent Speaker on the agenda of that session. The Speaker refused.

Petitions were filed in the High Court of Justice challenging the Speaker’s decision.

Coronavirus Interim Order Update

On March 20, 2020, we reported the High Court of Justice’s interim order of March 19, 2020, in the matter of the emergency regulations issued to permit the collection, processing and use of the “technological data” of persons who have contracted the new coronavirus, in order to combat its spread.

On March 24, 2020, after receiving updates by the Respondents concerning the steps taken pursuant to the interim order, the Court issued its decision. The translation of that decision follows.

HCJ Corona Interim Order

In response to the corona virus epidemic, the Israeli government promulgated two sets of emergency regulations: (1) Emergency Regulations (Authorization of the Israel Security Agency to aid in the national effort to limit the spread of the new corona virus), 5780-2020; (2) Emergency Regulations (Location Data), 5780-2020.


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