Rule of Law

Amnesty International's report on the war in Gaza fails to prove acts of genocide by Israel, even when attempts are made to move the goalposts.

In September, the Supreme Court ordered the Minister to fulfill his duty to convene the Committee because the system cannot be paralyzed. Since then, the Minister has convened the committee, but refused to appoint the Supreme Court President. Now, the Court has ordered him to do so.

When South Korean President Yoon Suk Yeol, who previously praised liberal democracy, declared martial law, a swift and decisive response from the general public, and subsequently parliament, thwarted the move within hours. These events illustrate that in order to increase the chances of recovery and inoculation against democratic backsliding, democratic institutions must be strengthened.

The ICC's unprecedented arrest warrants against leaders of a democratic state carry severe and far-reaching consequences, yet Israel still has far-reaching options to mitigate the damage. 

The proposed "Public Committee of Inquiry," for investigating the events of October 7th and its aftermath, is an attempt to circumvent the existing framework for such investigations and is unlikely to gain public trust.

The Center for Security and Democracy and the Viterbi Center for Public Opinion and Policy Research at the Israel and personal security—the present release focuses on internal security; a press release will follow tomorrow focusing on national security.

At first glance, the dismissal of Minister of Defense Yoav Gallant is not unprecedented – prime ministers hold authority to fire ministers, and Prime Minister Netanyahu has done so in the past. However, the circumstances surrounding the current dismissal are especially intense.

Establishing a State Commission of Inquiry is the civic, moral, and public duty at the highest order. And it must be done now.

Prof. Cohen and Prof. Shany discuss three possible rationales for the ICJ's rejection of Israel’s security concerns and offer a few final observations on the appropriate balance that should hold between security considerations and continued presence in occupied territories.

A recent judgment of the Israeli Supreme Court held that conditions in a notorious detention center must comply with Israeli law.

To protect the credibility of the police as an impartial law enforcement agency, independent oversight over the police prosecution unit - the police unit that issues criminal charges - must be increased through the Attorney General's office.

The Israeli Supreme Court recently issued a pivotal ruling, instructing the Minister of Justice to convene the Judicial Selection Committee and select a new President of the Supreme Court. This decision come after nearly a year in which this permanent position has remained vacant. 

After the Minister of Justice Yariv Levin refrained from convening the Judicial Selection Committee to appoint a Supreme Court President, the Supreme Court ruled that the Committee must convene to appoint a President—Prof. Suzie Navot analyzes the Court's decision.

The Prime Minister’s decision to retain the power to determine the parameters and scope of the hostage deal as a “policy issue” disregards the implications such a deal has on security issues. Israeli history underscores the importance of convening the security cabinet and upholding the appropriate democratic channels in times of war.

A special survey conducted in July 2024 evaluated public opinion on the need to establish a commission of inquiry into the tragic events of October 7th, 2024.

Disregard of the Attorney General’s authority to interpret the law by several government ministers is leading Israel toward a constitutional crisis.

In recent days the Attorney General has issued several warnings that decisions are being made using "flawed work processes." This explainer provides an overview of the role and importance of the Attorney General in Israeli democracy, and the current criticism directed by the AG at the government.

The rule of law is a fundamental democratic principle, meaning that all governing bodies are subject to and must comply with the law. Despite the complexities inherent in ongoing war, this is true also of the IDF, and only decisive action against breaches of conduct may protect the rule of law in Israel and Jewish morality. 

An in-depth analysis of the advisory opinion of the ICJ on the legal consequences of Israel's policies and practices in the 'occupied Palestinian territory.'

The UN report paints a disturbing picture in which countries experience “autocratization”—an erosion of the foundations of democracy—through actions that undermine the judicial system’s independence. In Israel, the current government is aiming to undermine judicial independence in order to consolidate its power and authority at the expense of individual rights and the rule of law.

If properly structured, both a commission of inquiry and a preliminary examination by the Israeli police could arguably meet existing complementarity standards.

The Supreme Court ruling on June 25th addresses the question of whether the government is operating in accordance with the law. It determined that the state must act in accordance with the law and act to draft ultra-Orthodox. It also connects between the issue of exemptions and the criteria for eligibility for yeshiva budget funds.

Article 18 to the ICC Statute requires the Prosecutor to notify the relevant States regarding a decision to open an investigation, providing those States the opportunity to request deferral of the investigation, because of the existence of a domestic investigation. The Prosecutor’s approach of not issuing new notifications new charges emerged weakens the ability of the Pre-Trial Chamber to monitor the implementation of the complementarity principle.

A serious public and governmental discussion is needed regarding the privatization of internal security governance that we are currently witnessing, and its implications. This privatization threatens us all.

Religious Zionism (the sector, not the political party that appropriated the name) is one of the most influential population groups in Israel. In the following essay, I wish to draw attention to a worrying process afflicting religious Zionism, the roots of which can be traced back to its early days and has dramatically worsened in recent years.

In this article, we wish to identify and discuss here some potential problems we identify in the part of the request pertaining to Netanyahu and Gallant, at least as it was presented in the Prosecutor’s short announcement and by the expert report supporting it. 

Judicial overhaul initiatives, along with other anti-democratic measures, have continued to be promoted by the government and the coalition in the Knesset. This document outlines the various actions taken in government that weaken the Israeli judiciary and democracy at large.

From damage to scientific collaboration to cancellation of arms deals, arrest warrants for senior Israeli officials from the International Criminal Court in the Hague would pose a serious challenge to Israel

V-Dem's latest report downgraded Israel's status from a "liberal democracy" to an "electoral democracy." The change in Israel's category is concerning, but on its own, it does not necessarily indicate a clear democratic decline. 

The Israeli democracy regulates the operation of the judiciary through the constraints of formal rules that check the political actors, the individual judges, and the judiciary. Yet beyond these formal rules, informal institutions and practices are sometimes equally important in the operation of the judiciary, as they are in any constitutional system. This article discusses informal institutions that are important in the operation and independence of the Israeli judiciary.

A state commission of inquiry was established on January 23, 2022 to investigate Israel’s acquisition of submarines and other naval vessels. Earlier this week, it sent ‘letters of warning’ to Prime Minister Netanyahu and other senior officials. Dr. Dana Blander, a research fellow at the Israel Democracy Institute, explains the differences between Israel's various types of commissions of inquiry.

While the ICJ decision briefly mentions the immediate context of the lawsuit, namely the Hamas attack on October 7, 2023, Judge Barak directs them to the full picture that they did not address. He writes about the events of October 7 as Israelis know them to be true.

One of the claims brought forth in the Application against Israel that it is committing genocide against the Palestinians is that many senior members of the government made references to the biblical precept to wipe out the memory of the ancient Amaleks. This is my professional opinion on the meaning of these locutions and the use made of them in the Application. 

The ICJ is hearing allegations that Israel has violated the Convention on the Prevention and Punishment of the Crime of Genocide. What is the ICJ? How is the government responding? What are the implications for the war against Hamas and Israel’s international standing?
All the answers in a special IDI explainer.

While we entered this war more divided than ever – and with large numbers even saying that they believed civil war to be a possibility – Israelis today are united in their determination to win.

The Supreme Court's ruling to strike down the amendment made to the Basic Law: The Judiciary and reinstate the Standard of Reasonableness is a landmark decision on an issue that has been exceptionally divisive within Israeli society. Will this lead to a constitutional crisis? 8 Key points from IDI's experts examining the court's decision.

This decision refocused our attention not only on the specific law it struck down but also on the unfinished business of completing our country’s constitutional framework

The Supreme Court ruled that the Court has authority to perform judicial review on Basic Laws, and that an intervention was necessary in the case of the amendment to the Basic Law: The Judiciary revoking the Standard of Reasonableness. What are the implications?

The Israel Democracy Institute issued the following statement on the High Court of Justice’s decision to strike down the amendment passed in July to the Basic Law: The Judiciary, eliminating the Court’s use of the Reasonableness Standard.

During the October 7^th attacks, the home front became the front line with Israelis attacked in their own homes. This new reality led not only to a beefed-up presence of police and military forces in public spaces, but to civilian-based security initiatives in many communities. Finding the right balance between the police and civilians is imperative to providing much-needed safety and security for all Israelis.

Tendentious interpretations of international law are not surprising considering the high emotions surrounding the long and bloody Israeli-Palestinian conflict. However, to serve its purpose guiding the conduct of States and retain a high degree of legitimacy, international law must serve as a common legal language. 

International law does not forbid the evacuation of residents to the southern Gaza Strip; on the contrary, it would appear to demand of Israel that it warns residents and encourages them to leave.

What is a special state of emergency and who declares it?

Minister of Justice Levin declared a "special state of emergency" on October 7th, which has since been extended and is currently valid until October 20th. How does this affect the justice system in Israel?

The Supreme Court hearing on September 28th, 2023 will focus on the question of whether the amendment should be interpreted as being valid only in the future, to remedy the perception of personal benefit for the current prime minister.

Three petitions before the Israeli Supreme Court are transforming the usually slow month of September into a pivotal one in Israel’s ongoing judicial crisis.

In an effort to create uniformity, populists are ready to destroy the state.

Transforming legal advisors into political appointees will thwart the dual purpose of their role- helping the ministry implement its policy, while maintaining the rule of law.

Downgrading the independence of government legal advisers is not among the highest-profile proposals to reform the Israeli legal system being advanced by Israel’s new right-wing government, but weakening the status of government legal advisers is actually an important and troubling part of the government’s package of proposed reforms.

What provisions does Israeli law provide for the possibility of declaring the Prime Minister "Incapacitated". IDI expert explains

Minister Gideon Saar's proposed bill preventing a criminal defendant from forming a government is unprecedented, but so is the reality in Israel.

The latest judgement in a series of legal challenges to controversial measures adopted by the Israeli government in response to COVID, shows that the Supreme Court still plays an important role in checking government excess and reaffirming basic democratic and human rights values

The Prime Minister's trial reconvenes with a pandemic raging and the elections camping continuing. What can we expect?

Israel's system for appointing top law enforcement officials must not be changed 

As the police are increasingly drawn into a conflict between protecting the right to protest and attempts to politicize their work, it is clear that appointment of a full-time commissioner is long overdue

Legislation giving ministers total authority over decision-making sets dangerous precedent for Israeli democracy and chaotic decision making will surely diminish the already-dwindling public trust in both government and future emergency regulations

Now more than ever Israel needs a leader who will bolster its inner strength - is the leadership up to the task? 

With calls to enact an 'override clause' to push back against judicial review back in the news, Dr. Amir Fuchs analyzed the twenty laws the Court has overturned since Israel's establishment

Prof. Amichai Cohen explains the Supreme Court's decision to strike down the Land Arrangements law.

The Israeli public deserves leadership that isn't weighed down by a track record of incoherent instructions, selective enforcement, and politicians’ own failure to comply

The Prime Minister’s supporters are trying to entrench a perception among the public that he is facing a political – rather than a criminal – trial.

It's one of democracy's substantial achievements: just like every citizen, Netanyahu will stand before 3 judges, whose task is to decide whether he is innocent or guilty

With Prime Minister Netanyahu's groundbreaking trial is set to commence next week, Professor Yuval Shany, IDI's Vice President of Research, and Dr. Amir Fuchs, the head of the Defending Democratic Values Program, briefed journalists on how the court process will proceed and the long-term legal implications of trying a sitting prime minister.

Live broadcasts brings a breath of fresh air and a better understanding of the Supreme Court

Israel's High Court handed down a unanimous decision - and the public saw for themselves that there was no devious plot to undermine the separation of powers.

Many Israelis attribute a left-wing bias to the Supreme Court and accuse it of extreme activism, but the hearings that were broadcast live highlight the vast gulf between the Court's image and the reality

IDI’s Dr. Amir Fuchs speaks with Richard Pater of Bicom about the recent Supreme Court hearing and the rulings they handed downs regarding the new government

Allowing Netanyahu to form a government would constitute a conflict of interest and would result in a negative and irreversible precedent for the rule of law

This is a familiar plague: rewriting the game rules of democracy to suit changing political circumstances has become the norm in Israel.

Israel is not the only country in which the court system has been curtailed, or had its activity modified, as a result of the coronavirus pandemic. Many countries are taking such measures, while at the same time striving to refrain from harming citizen's basic right of available access to courts.
Included are several examples from around the world.

Speaker of the Knesset Yuli Edelstein has resigned so as not to comply with the Supreme Court ruling to hold elections for a new speaker - what happens next? IDI’s Dr. Amir Fuchs explains

Yohanan Plesner, President of the Israel Democracy Institute, reacted to the Speaker of the Knesset Yuli Edelstein's resignation

Even a life-saving measure must be weighed against the threat it poses to democracy -- we do it all the time

Prime Minister Netanyahu’s trial in the Jerusalem District Court is to begin on March 17th. Dr. Amir Fuchs, a researcher at the Israel Democracy Institute provides responses to key questions as to what this process will look like.

In the case of a MK against whom the attorney-general has decided to file an indictment, the members of his party and of his Knesset bloc vote as one.

On January 21st, the ICC’s pre-trial court decided to reject the prosecutor’s request to allow her to submit a petition - on technical grounds. So what's next?

What are the legal barriers standing in the way of the current government implementing the U.S.'s “Deal of the Century” peace plan?

Given the dark insinuations in the PM's request for Knesset immunity, a vote in his favor would be a vote of no-confidence in the rule of law

Regardless of the decision regardin PM Netanyahu's request for immunity - the debate will revolve around the more important question: the status of the rule of law in Israel

IDI experts explain Israel’s immunity law, what happens when it’s requested and what the implications may be for the political system.

The political system is being dragged into elections for the third time within a year, for what seem to be extraneous reasons related to the question of how Netanyahu will handle his cases

After lengthy deliberation, the attorney-general, who holds the statutory authority to file charges against him, decided to indict Netanyahu.

Israeli Voters, Not Judges, Must Determine Who Will Lead the Country Next

There's an unacceptable, extreme conflict of interest between Netanyahu the accused and Netanyahu, head of the executive branch

International Experts Gather at IDI to Debate Populism and its Implications for Democracies as Israeli Electoral Deadlock Continues

Actual policy making in a liberal democracy is based on sophisticated nuances.

This claim was first put forth in a letter from the Knesset’s legal adviser, Eyal Yinon, to the speaker of the Knesset with regard to the situation of MK Haim Katz.

Our level-headed, intelligent, rational prime minister has lost his good judgment and is inciting against some of the most important institutions of state

IDI experts issue a statement calling for the Knesset to form a special House Committee to debate immunity

As events unfold, IDI puts out a statement on the Attorney General's breaking announcement to indict Prime Minister Netanayhau

The rhetoric accompanying the attempts to delegitimize a “minority government” is questionable. The current transitional government is supported only by 55 Knesset members, with 65 opposing it. If any government deserves the moniker ‘minority government,’ it is the one currently in office.

Justice Minister Amir Ohana,has launched a fierce attack against the State Attorney’s Office. The Prime Minister who appointed him would be wise to remember that the angel of history is peeking over his shoulder.

Coalition negotiations continue and Israel does not yet have a government - but one thing is certain - Israeli democracy dodged a bullet.

Like all democracies, the principle of the "Rule of Law" exits in Israel. In recent years, there have been quite a few attempts to overcome this tenant, potentially causing long-lasting damage to public confidence in the justice system. Dr. Fuchs explains.

The recent wave of populism forces us to sharpen our understanding of the literal meaning of 'democracy' and 'the rule of the people' as well as the accepted definition of liberal democracy

It turns out that voters actually want robust judicial oversight - which explains why the Override Clause and placing limitations on judicial review have not been prominant in the election campaign

An unprecedented decision that adversely affects the status of the Attorney General and constituted a misuse of political power by a transitional government.

On claims that the High Court ties the security establishment's hands, Dr. Amir Fuchs says "the truth is that when authoritative figures from the defense establishment appear before the court to support some important security requirement, the court almost always adopts their argument".

The Israel Democracy Institute offers a look inside efforts to reduce politicization of Israel's Supreme Court.

Israel’s judiciary is under assault, according to some, or experiencing a necessary corrective to rampant judicial activism, according to others. Dr. Amir Fuchs, legal expert and the head of the Defending Democratic Values project at the Israel Democracy Institute, walks through the Knesset’s attempt to change the judiciary and the balance of powers in Israel, what’s behind it, and what it means for the country.

Granting the government additional power, which will enable overriding Basic Laws in simple legislation must not be allowed, lest the defense of basic civil rights in Israel are compromised

The proposal promotes personal and political interests, strikes a severe blow to the public’s trust in democracy and to elected officials’ obligation to act with integrity

Can the Mueller report shed light on the labyrinth of cyber connections, which are at the basis of the suspected criminal activity? Probably not.

What can the media do to safeguard democracy in an increasingly hostile environment? Susan Glasser, staff writer for The New Yorker and a participant in IDI’s recent Democracy Under Stress conference, analyzes the challenges facing American media.

The Override Clause would not alter the balance between the branches of government – it would shift the balance of power between the government and the governed

The following guide represents the collective wisdom of the Israel Democracy Institute's scholars and explains the various possibilities and scenarios as Israel enters unchartered political and legal waters

"If indeed a member of the Judicial Appointments Committee was swayed by bribes, this constitutes the deepest possible subversion of the system and its legitimacy".

The 20th Knesset was the most injurious of all with regard to democratic values, freedom of expression, gatekeeping and, above all, minority rights. In the next government we can only hope that someone will champion liberal center-right values to continue to protect our democracy. 

One fact is clear: the moment the attorney-general announces his decision, half of the public will reject it, to the point of accusing him of serving political interests and not really seeking the truth.

Government-sponsored legislation proposing to change how ministry legal advisors are appointed has stirred up quite a storm. The idea should worry all of us, not only jurists.

Behavioral ethics, a growing area within psychology and management literature, demonstrates that an individual’s unethical behavior is demonstrated through self-deception.

The Israel Democracy Institute ahead of the Knesset Constitution Committee debate on political appointments of legal advisers in government ministries: "A blow to the civil service ethos; an opening for potential corruption, forsakes public interest".

The Prime Minister is currently fighting to remove the Supreme Court's power to strike down Knesset legislation, thereby turning the last protector of human rights in Israel into merely an advisory board. He is even threatening elections over the issue. 

President Reuven Rivlin, Justice Minister Ayelet Shaked,Leader of the Israeli Labor Party Avi Gabbai and State Prosecutor Shai Nitzan relate to tensions surrounding the prime minister's investigations and the coalition crisis at a special conference held last night with Makor Rishon

“The campaign to remake the Supreme Court has been completed” said Justice Minister Shaked - so now with its new and more conservative profile, there is no longer any justification for the delegitimization of the Supreme Court.

Monthly Peace Index also finds that 65% of Israelis do not trust Prime Minister Benjamin Netanyahu's handling of the crisis on Temple Mount. 

Knesset Speaker MK Yuli Edelstein: "It's time to bring the rules of the game back to the Knesset

Basics such as bread and cooking oil began to disappear from the shelves. The Egyptian street boiled with anger. And the foundations of the regime began to shake.

In Britain, nationwide referendums are a rare event. This development highlights an issue that many of today's democracies are struggling with: the ongoing tension between direct and representative democracy. Is a national referendum a shining example of the democratic ideal put to practice, or does it represents deterioration to cheap populism?

Often missed in the civil liberties debate over profiling is evidence that shows it is not effective. But proponents point to Israel, whose airport screening has kept it free of attacks since 1972.

Last week, the Knesset Law, Constitution and Justice Committee began deliberating over a proposal that would fundamentally alter the Basic Law – The Knesset: The MK Suspension Bill. If passed, the proposed bill would grant members of Knesset the power to remove another parliamentarian. This op-ed originally appeared in the Jerusalem Post.

Israel refuses to officially disclose the identity of the states to which relocation takes place.

Dr. Amir Fuchs argues that an override of Supreme Court decisions should be stoutly resisted by democrats from all parts of the political spectrum.

Yohanan Plesner argues that as Denmark grieves for a terror attack on its soil, Israeli leaders must broadcast "a message of partnership among democracies battling terrorism without sacrificing their democratic values."

A discussion of the Palestinian Authority's declarations to the International Criminal Court (ICC), the changes that influenced the ICC prosecutor's decision to accept the PA's second declaration, and the conditions that must be fulfilled in order for the ICC to apply its jurisdiction to IDF actions or to the settlement enterprise.

On December 8, 2014, just before the Knesset dissolved itself to prepare for early elections, it enacted the Law for Prevention of Infiltration and Ensuring the Departure of Infiltrators from Israel. IDI's Dr. Reuven (Ruvi) Ziegler reviews this development.

In an op-ed in Maariv, IDI Vice President Prof. Mordechai Kremnitzer calls for an election campaign that focuses not only on foreign policy and Israel's social gap, but on the nature of Israeli identity and the value of Israeli democracy itself.

On the 19th anniversary of the assassination of Yitzhak Rabin, Prof. Yedidia Stern asserts that if the annual memorial day for the late prime minister were to be observed as Israeli Democracy Day, Rabin's legacy for the future would be even greater.

IDI Vice President Yedidia Stern asserts that there is a conflict of interest between the Attorney General’s two functions—as State Attorney and State Prosecutor—and the office must be split in two. 

Dr. Tehilla Shwartz Altshuler discusses the challenges to transparency in the budgets of Israel's local authorities, including the need to make budgets accessible, to enable searches within budgets, and to facilitate comparisons between the budgets of different authorities.

IDI Researcher Dr. Reuven (Ruvi) Ziegler presents a brief overview of the Israeli High Court of Justice's decision to strike down Amendment No. 4 of the Prevention of Infiltration Law, and explores several themes that may be of comparative constitutional interest. 

Dr. Amir Fuchs discusses the Israeli High Court of Justice's decision to uphold the "Admissions Committees Law," which allows small communities to reject applicants due to a lack of social suitability. 

What criteria must the caliphate of the Islamic State meet in order to be considered a State under international law? This article presents an analysis of this question by IDI experts on terrorism and democracy.

How should suspected violations of the international laws of war be investigated? As Operation Protective Edge winds down, Prof. Yuval Shany and Prof. Amichai Cohen discuss the options of an internal investigation by the IDF, an international investigation, and an Israeli commission of inquiry.

In the midst of Operation Protective Edge, IDI President Yohanan Plesner warns of the dangers of racism, incitement, and stifling of free speech and asserts that it is essential to internalize a substantive democratic culture. 

As Operation Protective Edge enters its second week, IDI experts outline the legal basic concepts involved in asymmetrical warfare and the boundaries of permissible action according to standard interpretations of existing international law.

In an article in <em>The Times of Israel</em>, Attorney Amir Fuchs argues that legislation that would give judges the authority to sentence murderers to life in prison with no possibility of pardon is misguided and will not prevent terrorists from being released in future prisoner exchanges.

As Israel prays for the safe return of Gilad Shaar, Naftali Fraenkel, and Eyal Yifrach, Dr. Tehilla Shwartz Altshuler, head of IDI's Media Reform project, shares thoughts on the use of gag orders and military censorship in the digital age.

In an op-ed in <em>Haaretz</em> published after Ehud Olmert was sentenced to six years in prison, Prof. Mordechai Kremnitzer explores the implications of the Holyland case for the battle against corruption in Israel.

Former Speaker of the Knesset MK Reuven (Ruby) Rivlin shares his views on the importance of the institution of the Israeli presidency, as part of an exclusive IDI series of articles by the presidential candidates of 2014.

In an article in <em>Makor Rishon</em>, Prof. Yedidia Stern describes his feelings of sadness, pride, apprehension, and hope upon the sentencing of Ehud Olmert to prison for his role in the Holyland affair.

In an article in the Hebrew weekly <em>Makor Rishon</em>, Prof. Mordechai Kremnitzer and Attorney Amir Fuchs argue against the current initiative to pass Basic Law: Israel as the Nation State of the Jewish People, which they see as divisive and problematic.

In an article in <em>Haaretz</em>, Attorney Amir Fuchs stresses the need to wage a genuine war against racism, in order to preserve the values of Zionism and safeguard the Jewish and democratic state.

Dr. Ofer Kenig responds to the initiative to abolish the presidency and emphasizes that such decisions require due consideration and cannot be taken as part of a capricious move that tramples on the democratic rules of the game.

Two months before the elections for president of Israel, who does the Israeli public see as the most suitable candidate for the job? Find out in this mini-survey from IDI's Guttman Center.

An article by Nobel Prize laureate Prof. Dan Shechtman, which was written as part of an IDI project in which the candidates for President of Israel share their views on the presidency and discuss what they would bring to the job.

MK Meir Sheetrit presents his views on the institution of the Israeli president and describes what he would bring to the job, in the first of a series of articles by the presidential candidates of 2014. 

Although the presidential race is heating up, the public does not seem to be particularly interested in it. What do Israeli citizens know about the race? Who is their candidate of choice? Find out in this mini-survey by the Guttman Center for Surveys.

IDI researcher Attorney Amir Fuchs asserts that the only way for Israel to ensure good governance is by adopting a constitution.

IDI researcher Dr. Reuven (Ruvi) Ziegler explains why he believes the Supreme Court should overturn Amendment No. 4 of the Prevention of Infiltration Act just as it invalidated its predecessor.

Dr. Dana Blander draws on the findings of Israeli public opinion polls and explores some of the ramifications of the new Basic Law: Referendum, a law that establishes a system in which every citizen is entitled to participate in historic decisions on withdrawal from territory.

As the elections for the tenth President of Israel near, IDI researcher Ella Heller of the Guttman Center for Surveys presents an analysis of Israeli public opinion regarding the desired professional background for the next president of Israel, and how the elections should be conducted.

Rabbi Dr. Benny Lau and Shira Ruderman, Israel Director of the Ruderman Family Foundation, share thoughts on the Purim story, leadership, responsibility, and repair of the world.

In an op-ed in the Jerusalem Post, Dr. Ofer Kenig warns that while there is nothing wrong with a moderate increase in Israel's electoral threshold, increasing it from 2% to 3.25% in a single step is problematic.

As the Knesset prepares to vote on the "Draft Law" designed to regulate the service of ultra-Orthodox men in the Israel Defense Forces, Dr. Haim Zicherman surveys the current situation within Israel's Haredi community.

Prof. Mordechai Kremnitzer explains the importance of the fifth meeting of IDI's Police and Society Forum, which was dedicated to the question of partnership and transparency in the relationship between the Israel Police and Arab society.

In an op-ed in The Jerusalem Post, IDI Vice President Prof. Mordechai Kremnitzer analyzes Jonathan Pollard's life sentence and calls on President Obama to put an end to Pollard's incarceration In the name of the shared commitment to justice.

In an op-ed in <em>Haaretz</em>, IDI Vice President Prof. Mordechai Kremnitzer and Dr. Guy Lurie call for reform that will abolish the Police Prosecution Department, leaving the Police to investigate and the Public Prosecution to bring criminal charges.

Is Prof. Dan Shechtman, who formally announced his candidacy for the 2014 presidential race in Israel, any different than traditional candidates for the position? IDI researcher Dr. Ofer Kenig surveys the characteristics of Israel's past presidents and presidential candidates. 

Is dignity something that must be earned? Prof. Tamar Hermann, Head of IDI's Guttman Center for Surveys, explores this question, as IDI's Israel Speaks project assembles 200 citizens to begin drafting a Declaration of Human Dignity.

In an op-ed in TheMarker, IDI Vice President Prof. Mordechai Kremnitzer and Dr. Guy Lurie discuss the benefits of establishing a new appellate court between the district courts and the Supreme Court.

In an article in <em>Haaretz</em>, attorney Amir Fuchs explains why he believes the release of convicted terrorists as part of prisoner release deals or  as part of diplomatic negotiations degrades Israel's criminal justice system.

In honor of International Day for Persons with Disabilities, Rabbi Dr. Benjamin (Benny) Lau updates us on IDI's efforts on behalf of people with disabilities and reveals that people with guide dogs are now allowed to access the Western Wall.

In an op-ed originally published in Haaretz, IDI Former President and Founder Dr. Arye Carmon explains his reservations about the "Referendum Bill" and warns that the concept of referendum is antithetical to the principles of democracy.

In an op-ed in Haaretz, Attorney Lina Saba-Habesch warns that extending the use of administrative detention to apply to suspects in cases of organized crime could lead to the use of this extreme method, or of other extreme methods, in combating other forms of crime.

On November 21 2013, Prof. Yedidia Z. Stern appeared before the Shaked Committee and argued that criminal sanctions are not recommended for reaching conscription goals. In an op-ed in Makor Rishon, he explains why.

Aviad Ben Yehuda discusses the problematic nature of the proposal to extend the use of administrative detention in Israel from the war on terror to the war on organized crime.

IDI Vice President of Research Prof. Mordechai Kremnitzer responds to the possibility that the police will use administrative detention to combat organized crime, much in the manner as it is used to combat terrorism. 

Ronit Levine-Schnur analyzes the Bill to Regulate Bedouin Settlement in the Negev 5773–2013, warns that it seems to be motivated by an exaggerated fear of a Bedouin takeover of the Negev, and offers an alternative approach. 

Rabbi Dr. Benjamin (Benny) Lau expresses support for the proposed civil union bill, which would allow couples who do not want to marry in a religious service to form a legally recognized union and be eligible for the benefits and responsibilities associated with marriage.

Most criminal cases in Israel are prosecuted by the Israel Police rather than by the State Prosecutor. Prof. Mordechai Kremnitzer and Dr. Guy Lurie call for a division that would make the Police responsible for investigations and the State Prosecutor responsible for indictments and trials.

Prof. Mordechai Kremnitzer and Att. Talya Steiner warn that the veteran's benefit bill, which is intended to extend benefits to those who have contributed to the State, discriminates against Israel's Arab citizens, who are exempt from military service in Israel.

Why is voter participation in local elections in Israel so low? Assaf Shapira explains the reasons behind this phenomenon, discusses its implications, and offers possible remedies.

How do Israelis feel about political violence today, 18 years after the assassination of Prime Minister Yitzhak Rabin? As Israel commemorates Rabin Memorial Day, consider the following findings of the 2013 Israeli Democracy Index.

Prof. Tamar Hermann, head of IDI's Guttman Center for Surveys, discusses the findings of the 2013 Israeli Democracy Index, which was submitted to President Shimon Peres on October 6, 2013.

A professional assessment of proposed changes to Basic Law: The Government and the Election Bill, which was submitted by Prof. Gideon Rahat to MK David Rotem, Chairman of the Knesset Constitution, Law and Justice Committee.

A study conducted by IDI Senior Fellow Prof. Momi Dahan that reveals that there has been a continuous narrowing of income gaps between Israelis of European-American origins and of Asian-African origins since the 1990s.

Dr. Reuven (Ruvi) Ziegler shares observations on the decision of the Israeli Supreme Court that an amendment of the Prevention of Infiltration Law that mandated lengthy detention of asylum seekers is unconstitutional.

The first in a series of articles by researchers from IDI's Judaism and democracy projects and Human Rights and Judaism project on the complementary but tense relations between Judaism and democratic values.

On the occasion of International Migrants Day and an IDI roundtable on Israeli immigration policy, IDI researcher Adv. Reuven (Ruvi) Ziegler provides an overview of the treatment of African asylum seekers who have crossed into Israel via its southern border.

Naftali Bennett's statement that he would refuse orders if commanded to evacuate settlements raises questions about the type of insubordination that he and his party condone. In an op-ed in Yedioth Ahronoth, Prof. Yedidia Stern calls on Habayit Hayehudi to clarify its position on the matter.

IDI Vice President Mordechai Kremnitzer and Doron Navot, author of Political Corruption in Israel, discuss whether politicians convicted of crimes involving moral turpitude should be allowed to return to the Knesset.

An analysis of Israeli public opinion on the issue of drafting ultra-Orthodox yeshiva students, as revealed in polls conducted by IDI's Guttman Center for Surveys from 1986 through 2009.

IDI researcher Attorney Reuven (Ruvi) Ziegler argues that the response of the Israeli government to the plight of 20 Eritrean asylum seekers trapped between the fences of the Israeli-Egyptian border tests Israel's adherence to rulings of its own Supreme Court.

Prof. Mordechai Kremnitzer presents a contrasting view to Prof. Yedidia Stern's assertion that the Israeli Supreme Court's ruling on the exemption of ultra-Orthodox men from military service in Israel is "<a href="http://en.idi.org.il/analysis/articles/judicial-activism-at-its-height">Judicial Activism at its Height</a>." 

IDI Senior Researcher Yair Sheleg shares his thoughts on the differences between the evacuation of Yamit and the Sinai Peninsula in the past, and the upcoming evacuations of Migron and the Ulpana neighborhood of Beit El.

IDI Vice President of Research Prof. Yedidia Stern sets the  controversy over mass transportation on Shabbat and holidays in Israel in a broader context, and distinguished between the need for an Israeli-Jewish Shabbat (Sabbath) rather than a religious Shabbat.

On January 10, 2012 an amendment to the Prevention of Infiltration Act passed its second and third reading in the Knesset. In passing this act, the government—and the Knesset—chose to walk down a path that is incompatible with the protection of human freedom that is embedded in Israeli constitutional law and that is incompatible with Israel’s obligations under international refugee conventions. Below is a condensed version of an article on this matter that was written by Adv. Reuven (Ruvi) Ziegler for the IDI Hebrew website.

Is the tension over the arrests of Rabbis Dov Lior and Ya’acov Yosef a precursor to an inevitable collision between Halakha and the judiciary? IDI Vice President of Research Prof. Yedidia Stern shared his views on this question with Jonah Mandel of The Jerusalem Post.

In this article, IDI Researcher Adv. Reuven (Ruvi) Ziegler surveys Israel's regulations regarding refugees and asylum seekers and points to three areas—eligibility for asylum, the rights of asylum seekers, and detention—in which they are incompatible with the UN refugee convention.

Is the boycott of the town of Ariel, which is located over the Green Line, by Israeli performing artists legitimate? In this op-ed from Yedioth Ahronoth, IDI Vice President Yedidia Z. Stern warns that this type of organized opposition to democratic decisions endangers the delicate fabric of Israeli life.

In an op-ed in Yedioth Aharonoth, IDI Vice President of Research Prof. Yedidia Z. Stern calls on the leaders of each "tribe"—Russian, ultra-Orthodox, settler, and upper class— to take action to eradicate the negative behavior stereotypically associated with their camp.

Dr. Arye Carmon, co-founder and president of the Israel Democracy Institute (IDI), discusses how the lack of a constitution is an internal existential threat to Israel. Dr. Carmon's approach is inclusive and integrative, including such remedies as one-ballot elections and a Constitution by Consensus.

In this article, the former Director-General of Israel's Ministry of Public Security debunks the case against the proposed privatization of prisons in Israel. In his opinion, operating a prison under private management is an experiment that can actually improve prison conditions and support prisoners' rights.

 Effi Michaeli, warns against the full privatization of prisons and argues that such a decision represents a breach of boundaries that can transform Israel into a corporate regime.

Prime Minister Benjamin Netanyahu has asked the Knesset for immunity from prosecution. What happens next? IDI experts lay out the next steps. 

27 years after Kahane’s murder, Jewish extremists praise the rabbi, calling him a righteous prophet whose politics were ahead of his time. Like Kahane, Gopstein’s ultimate dream is an Israel that operates according to Jewish law, or Halacha, where the only Arabs who live there are those loyal to a Jewish theocracy. “At this rate,” he says of Palestinian citizens of Israel, “it’s either us or them”

Despite the verdict, the real story in the Azaria affair is the moral, not the legal, issue, and this debate is alive and well.

The civil service commissioner holds an important public position, and should not be relegated to serving as a rubber stamp for the government.

Researchers surveyed aides in 40 Knesset offices. Of those, 92% of aides says they think MKs do not come prepared for Knesset committee meetings and that the Knesset is not succeeding in properly supervising the government (95%).

Even before the conclusion of the Elor Azaria trial, there were calls for the 'Hebron Shooter' to be pardoned. Under such circumstances, what does a pardon entail and how can an IDF soldier who had been sentenced in a military court of law be granted one?

As the Knesset, Israel’s legislature, marks its birthday, IDI takes the opportunity to consider two aspects about it: its members’ social composition and its relative size.

"The court must be allowed to pursue the legal process, without intimidation or attempts to undermine its independence."