Violation of Women’s Rights as a Result of the Proposed Regime Changes in Israel: Position Paper #11

The Israeli Law Professors’ Forum for Democracy, an ad hoc voluntary and politically independent group of experts on Israeli law and specifically Israeli public law, views with grave concern the apparent intention to abolish the independence of the judiciary in Israel, to subordinate it to the government and the partisan political considerations of the executive branch, to undermine the independent status of the Attorney-General and the legal advisors to government ministries, and to violate human rights.

In this position paper, and in view of such intention and its implications, we relate to the foreseeable violation of women's rights, as reflected in the government's composition and appointments, in the coalition agreements, in the legislative bills proposed by coalition members, and in the actions and declarations of the government and its members.

The conclusion of this position paper is that the totality of actions, commitments, and legislative changes initiated by the government and the coalition will amount to a mortal blow to the rights of all women in Israel, and to a regression in their situation in the gravest manner since the establishment of the state.

Position Paper No 11 Harm to Women's Rights

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When Do the Proposed Regime Changes Go Into Effect? Position paper #10

The Israeli Law Professors’ Forum for Democracy, an ad hoc, apolitical, and voluntary group of experts on Israeli law and specifically Israeli public law, expresses its grave concern over the apparent intention to abolish the independence of the judiciary, to subordinate it to the government and to the partisan political considerations of the executive branch, and to undermine the independent status of the attorney general legal advisers to the government and to governmental ministries. Following Position Paper No. 9 on the Knesset’s authority to amend basic laws, this Position Paper examines the restrictions on approving amendments to Basic Laws and focuses on the question of when such changes go into effect under law. 

The conclusion of this Position Paper is that the proposals for amending Basic Law:The Judiciary constitute an abuse of power, in light of the clear conflict of interest for the majority coalition. Therefore, even without addressing the question of whether the proposed changes harm the core values of the State of Israel—and in our opinion they do—at a minimum, the proposed changes should only go into effect beginning with the next Knesset.

PP.10.timing

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The Knesset’s authority to amend basic laws: Summary of Position Paper #09

The Israeli Law Professors’ Forum for Democracy, an unincorporated and voluntary group of experts on Israeli law and, specifically, on Israeli public law, is gravely concerned about looming initiatives to undermine the independence of Israel’s judicial branch of government, to subordinate it to the partisan and party-driven political considerations of the government, and to curtail the independence of civil-servant ministerial legal counsels to the government and its ministries.

This position paper focuses on the following question: does the majority in the Knesset have unlimited power? We reject the assertion that the Knesset can simply call any legislative act as a “basic law”, and thereby assume the authority to legislate absolutely any content it deems fit. We argue that Israeli law sets limits on the Knesset’s powers, and that if the Knesset were to overstep those boundaries—as will be the case if it enacts the proposed changes—that legislation would be null and void.

The policy paper holds that the Knesset’s legislative powers are restricted in two main aspects: the first is empirical, namely that broad agreement, both within the legislature and in the public, is a prerequisite for amendments that remove existing restrictions on governmental powers. The second is a substantive restriction, according to which amendments to basic laws must be consistent with the basic tenets of democracy.

We contend that even if the proposed changes to Israel’s basic laws may enjoy the support of the contingent majority in the current Knesset, they undermine the basic principles of democracy and are not widely accepted by the public. Therefore, we conclude that the Knesset lacks the power to enact them.

A detailed position paper in Hebrew is available on our website.