In 2017, the Israeli High Court of Justice (HCJ) decided two dramatic decisions: First, it invalidated a law based upon flaws in the legislative process. Second, it issued a nullification notice to a temporary Basic Law that – for the fifth time in a row – changed the annual budget rule to biennial one. While some have criticized these decisions as “undermining the balance between the three branches of government”, I claim that the HCJ protected separation of powers, acting as guardian of the Knesset in its legislative and supervisory roles for improving the Israeli political-democratic system. Thus, by applying creative judicial mechanisms the HCJ was exercising a ‘dynamic role’. This exercise of judicial activism, not in a traditional counter-majoritarian role of the court as guardian of individual rights but as guardian of the legislature in a conflict between the branches, resembles courts’ activities in the Global South geared to protecting fragile democratic processes.
Our next Annual Conference will take place from July 6-9, 2021. It will be held in a completely novel way as a fully online Conference: ICON•S Mundo.
The Call for Papers for ICON•S Mundo is available here. Submissions for papers and panels must be made by May 1, 2021.
Log into your ICON•S account and apply for ICON•S Mundo by submitting your proposal.Apply for ICON•S Mundo