30 May 2021
Saving the Constitution from Politics
On May 23, 2021, the Israeli High Court of Justice (HCJ) delivered an important decision setting and defining the limits for the use of Basic Laws – laws of a constitutional ranking – for the purpose of solving temporary political and coalition problems. The Basic Laws are supposed to be “the crown jewels” of our constitutional system, yet in Israeli politics they have become an instrumental tool for narrow and everyday political interest, often amended in a temporary manner. The decision, given by a 6-3 majority of an extended bench, now defines some constitutional boundaries for the proper use of Basic Laws. Continue reading >>
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19 May 2021
The Basic Structure Doctrine arrives in Kenya
On 13 May 2021, a panel of five High Court justices ruled that the so-called Basic Structure Doctrine applies in Kenya. The judgment is not only a milestone from the perspective of comparative constitutional law; it might also change the future landscape of constitutionalism in Africa. Continue reading >>08 April 2020
Constitutional Crisis in Israel: Coronavirus, Interbranch Conflict, and Dynamic Judicial Review
The Covid-19 pandemic hit Israel in fragile political and constitutional times. After three consecutive national elections and during unprecedented and continuous constitutional crisis, it has deepened an interbranch conflict that has led to the High Court of Justice (HCJ) taking part, in real time, in a dynamic judicial review. The HCJ not only facilitated the functioning of the parliament but also expedited its oversight on the government’s use of emergency powers. Continue reading >>
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