Constitutional Law

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.

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.

New article on the constitutional and international human rights of undocumented migrants in comparative perspective

Rivka Weill and Tally Kritzman-Amir have just posted on SSRN, “Between Institutional Survival and Human Rights Protection: Adjudicating Landmark Cases of African Undocumented Migrants in Israel in a Comparative and International Context.” The article is forthcoming in University of Pennsylvania Journal of International Law, forthcoming 2019. The abstract is as follows: 


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