One of the most intriguing questions in contemporary constitutional theory is why are political power-holders willing to bestow power on courts and to acknowledge their autonomy. In the current paper, I seek to offer an explanation. It focuses on a doctrine developed by the Israeli Supreme Court (ISC) since the early 1990s under which the Court removes office holders from their position by ordinary judicial review proceedings. This doctrine is not founded on any formal constitutional settings, but it had significance influence on the relationships between the judiciary and the political branches, as it was the basis for the removal of several major political figures including ministers and top bureaucrats from office. I argue that one cannot understand the relationships between courts and politics in Israel without bringing this component into account. I describe the development of this practice and its influence on the relationships between courts and politics in Israel.
Our 2020 Annual Conference was scheduled to be held at the University of Wrocław in Poland on July 9-11, 2020.
Due to the COVID-19 pandemic, the ICON·S Executive Committee has decided to postpone our 2020 Conference to 2021. Our next Annual Conference will take place from July 8-10, 2021, in Wrocław, Poland.
Procedural details regarding the organization of the 2021 Conference will follow in the months ahead.Join ICON•S