Israel Flashcards
(368 cards)
What are the Areas A, B, and C in the context of the Israeli-Palestinian conflict?
A: Areas A, B, and C refer to land divisions in the West Bank.
Elaboration:
* Area A: Administered by Palestinian Authority, e.g. Ramallah, Bethlehem, Nablus, Jennin [18%]
* Area B: Palestinian civil control and joint Israeli-Palestinian security control. Includes many Palestinian towns and villages. [22%]
* Area C: Full Israeli civil and security control. Contains Israeli settlements, most of the West Bank’s natural resources, and open land. E.g. Ariel, Beitar Illit, Modiin Ilit, Ma’aleh Adumim [60%]
What is the population of Israel?
A: Approximately 9 million people (as of 2023).
Elaboration:
* Israel’s population is diverse, including Jews, Arabs, Druze, and other ethnic groups.
* The Jewish population makes up around 74%, while Arabs are about 21%.
* The population is generally young, with a median age around 30 years.
What is the Law of Return?
A: A law granting Jews the right to live in Israel and gain citizenship.
Elaboration:
* Passed in 1950, it symbolizes Israel’s establishment as a Jewish state.
* Facilitates Jewish immigration from around the world.
* Reflects the Zionist principle of a homeland for the Jewish people.
What is the proposed reform for Judicial Selection in Israel’s 2023 judicial reform?
A: Changing the composition of the Judicial Selection Committee to give the government control over judge appointments.
Elaboration:
* The current system includes judges, Bar Association representatives, Knesset members, and ministers.
* The reform aims to give a majority to the government, affecting the appointment of all judges, including the Supreme Court.
* This change is seen as a move to increase government influence in the judiciary.
What changes to Judicial Review are proposed in Israel’s 2023 judicial reform?
Limiting the Supreme Court’s power to review legislation, especially Basic Laws.
Elaboration:
* The reform seeks to restrict the Supreme Court’s ability to invalidate Knesset legislation.
* A full bench of Supreme Court justices would be required to evaluate the legality of laws, with a high majority needed for invalidation.
* Critics argue this could weaken judicial oversight of legislative and executive actions.
What is the proposed ‘Knesset Override’ in the 2023 Israeli judicial reform?
A: Allowing the Knesset to overrule Supreme Court decisions on legal matters.
Elaboration:
* The Knesset could overturn Supreme Court rulings on the legality of legislation with a majority vote.
* This change could significantly reduce the Supreme Court’s authority in legal disputes.
* Critics fear it might lead to reduced checks and balances in the Israeli democratic system.
What changes are proposed for Legal Advisers to Government Ministries in Israel’s 2023 judicial reform?
A: Politicizing the appointment of legal advisers to government ministries.
Elaboration:
* The reform aims to shift legal advisers from independent to politically selected counsel.
* Ministers would have the power to select, dismiss, and ignore the advice of their legal advisors.
* This is viewed as a move to increase executive power over legal matters.
What does the ‘Limiting Scope of Judicial Review’ in Israel’s 2023 judicial reform entail?
A: Restricting judicial review over government decisions, especially against ‘unreasonableness’.
Elaboration:
* The reform seeks to prevent courts from hearing petitions against governmental decisions deemed ‘unreasonable’.
* Critics argue this would limit the judiciary’s role in overseeing executive actions.
* This aspect of the reform is seen as reducing the checks and balances necessary for a functioning democracy.
How many changes is part of the judicial reform?
Five
Describe the purpose of the judicial reform proposal
The intent of the measures is to curb the judiciary’s influence over lawmaking and public policy by limiting the Supreme Court’s power to exercise judicial review, granting the government control over judicial appointments and limiting the authority of its legal advisors
Who are the main leaders of the judicial reform?
The effort was led by Deputy Prime Minister and Minister of Justice Yariv Levin and the Chair of the Knesset’s Constitution, Law and Justice Committee, Simcha Rothman.
Why is Netanyahu not permitted to actively get involved in the judicial reform?
Netanyahu has been barred from actively taking part in the process of the judicial reform by the Attorney General, due to a conflict of interest stemming from his ongoing corruption trial.
Who is Israel’s current Attorney General?
Gali Baharav-Miara
What power does the Supreme Court in Israel currently have?
- Legislation etc. is subject to judicial review
- Can strike down laws which are in violation of Israel’s Basic Laws
What’s the official name of Israel’s Supreme Court?
Hebrew: בֵּית מִשְׁפָּט גָּבוֹהַּ לְצֶדֶק, Beit Mishpat Gavo’ah LeTzedek; also known as its acronym Bagatz, בג”ץ
How many members does the Supreme Court of Israel have?
15 judges
Who appoints judges in the Supreme Court of Israel?
- Supreme Court Judges are appointed by the President of Israel,
- from names submitted by the Judicial Selection Committee,
- which is composed of nine members:
- 3 Supreme Court Judges (including the President of the Supreme Court), 2 cabinet ministers (one of them being the Minister of Justice), 2 Knesset members, and 2 representatives of the Israel Bar Association.
- Appointing Supreme Court Judges requires a majority of 7 of the 9 committee members, or two less than the number present at the meeting.
How many cases has Israel’s Supreme Court struck down?
22 cases (since 1992)
When did Israel’s Supreme Court assume the authority to exercise judicial review?
Since 1992, when the Basic Laws empowered the Supreme Court of Israel to exercise judicial review, and particularly since the 1995 United Mizrahi Bank ruling when the Court recognized this authority
What happened in 1992 to change the rule of the Supreme Court in Israel?
- Introduction of Key Basic Laws: The enactment of “Basic Law: Human Dignity and Liberty” and “Basic Law: Freedom of Occupation” in 1992 provided a constitutional foundation for human rights and civil liberties in Israel.
- Empowerment of Judicial Review: These laws granted the Supreme Court of Israel the authority to exercise judicial review, enabling it to invalidate Knesset legislation that contradicted the principles enshrined in these Basic Laws.
- Enhancement of Checks and Balances: The 1992 changes significantly strengthened the checks and balances in Israel’s democratic system, particularly by enhancing the judiciary’s role in protecting individual rights and maintaining the rule of law.
How is Israel’s current system of judicial review different to that of Britain’s?
Constitutional Framework:
- Israel has a de facto written constitution through its Basic Laws, especially after 1992, which include explicit protection of human rights.
- The UK operates under an unwritten constitution, primarily based on statutes, conventions, and court judgments.
Judicial Review:
* Israeli courts have the power to invalidate legislation that conflicts with the Basic Laws.
* UK courts cannot overturn primary legislation but can interpret it, especially in light of human rights standards.
Parliamentary Sovereignty:
* In Israel, the Knesset’s power is constitutionally constrained by the Basic Laws.
* The UK adheres to the principle of parliamentary sovereignty, where Parliament can make or repeal any law without legal constraints.
What links Menachem Begin to Yariv Levin?
Menachem Begin was the Sandek at Levin’s circumcision ceremony.
Explain the five points of the judicial review, briefly
- Judicial selection — The committee which is responsible for recommending the appointment of judges currently consists of serving judges, representatives of the Israel Bar Association, Knesset members and government Ministers, and is composed as such that agreement is required between these different groups. The proposed changes seek to change the composition of the committee, giving a majority of votes to the government and thus giving the government control over the selection and dismissal of all judges, including of the Supreme Court.
- Judicial review — The proposed changes seek to curb judicial review over legislation, including by explicitly legislating against the Supreme Court’s exercise of judicial review of Basic Laws, and requiring a full bench of Supreme Court justices to preside over any case in which the legality of regular legislation passed by the Knesset is evaluated, and 80% of them to rule for invalidation of such legislation.
- Knesset override — The proposed changes seek to allow the Knesset to overrule a decision by the Supreme Court on the legality of legislation, where the Knesset votes with a majority (of 61, out of 120 Knesset members) against the court decision.
- Legal advisers to government ministries — The proposed changes seek to reclassify ministry legal advisers from independent authorities, subject to the professional oversight of the Justice Ministry, to politically selected counsel whose opinions are explicitly non-binding upon the government and its ministers, thus allowing ministers to individually select and dismiss their legal advisors and decide whether or not to adhere to legal advice.
- Reasonableness — The proposed changes seek to limit the scope of judicial review of governmental and administrative decisions, by legislating against the concept of ‘reasonableness’. This would preclude the courts from hearing petitions or appeals against governmental and administrative decisions on the basis that such decisions are ‘unreasonable’.
What is the planned change to the Judges Selection Committee?
- Expanding the committee to 11 members.
- Six political members: the Minister of Justice (chair), two additional ministers, and three Knesset committee chairs.
- Three judicial members: the President of the Supreme Court and two other Supreme Court judges.
- Two public representatives: chosen by the Minister of Justice, one being a lawyer.
- The new composition would give the government and political appointees a majority on the committee.