The Israeli Supreme Court Project at Cardozo Law

The Israeli Supreme Court Project at Cardozo Law The ISCP is a center for the translation, dissemination, study, and scholarly discussion of the decisions of the Israeli Supreme Court. Now the Benjamin N.

At a time when issues such as the place of religion in a democracy and the tradeoffs between liberty and security are of global concern, the decisions of the Israeli Supreme Court are an invaluable resource. Yet for several reasons – most obviously, the fact that they are written in a language relatively few people read – the Court’s decisions are too often overlooked. For more than two decades, t

he Friends of the Library of the Supreme Court of Israel has arranged for the translation into English, publication, and dissemination of some of the Court’s most significant decisions. Cardozo School of Law of Yeshiva University has launched the Israeli Supreme Court Project (ISCP) to continue and expand these efforts, increasing the visibility of and international engagement with the jurisprudence of the Israeli Supreme Court. Intended to both inform and engage constitutional scholars, lawyers, and judges in democracies around the world, the ISCP is a center of study and discussion of the decisions of the Israeli Supreme Court, one of the great judicial bodies of the world and a court at the forefront of dealing with issues at the core of what it means to be a democratic society. The Israeli Supreme Court routinely deals with the complex and challenging questions facing open and multi-cultural societies everywhere. These incude issues of religious pluralism, judicial review of government actions, gender equality, and reconciling civil liberties with national security in an age of terrorism. The ISCP provides a service to lawyers, judges, and scholars around the world who are grappling with these and similar issues. The following are the primary components of the ISCP:

TRANSLATIONS
The core of the ISCP is the translation into English and dissemination of key opinions of the Israeli Supreme Court. Historically, about ten opinions have been translated each year; the project will significantly increase that number. In addition, the translations are now accessible via this website, on which more below. EVENTS
The ISCP will host several public events each year on contemporary legal issues that are especially salient in, but by no means specific to, Israel. These would include a major conference bringing together Israeli, United States, and European High Court judges, academics, and practitioners, book panels, “continuing legal education” type events on recent Israeli cases, and individual lectures. VERSA WEBSITE
This robust website, which launched in late 2014, contains a searchable databse of hundreds of translated cases, media from ISCP events, and links to items of interest pertaining to the Court. In addition, the "viewpoints" section provides an interactive platform for online discussion and debate. By engaging broader participation in response to the work of the Court, the website is an important resource for those interested in the Court’s jurisprudence or in comparative constitutionalism more generally. INTELLECTUAL COMMUNITY
The ISCP will host judges and academics with interests in international law, comparative constitutionalism, or Israeli law for visits to Cardozo. The ISCP also includes an academic advisory board whose members play an integral role in expanding the scope of the project. Cardozo Law School, which boasts a faculty with deep interests and expertise in comparative constitutionalism, law and national security, and law and religion, is the ideal home for this project. The project is a joint venture between the Floersheimer Center for Constitutional Democracy, whose goal is to better understand, and assist in improving, the functioning of constitutional democracies, both at home and abroad, and the Center for Jewish Law and Contemporary Civilization, which aims to contribute a distinctively Jewish legal perspective on political, moral, and social issues facing the world at large. Cardozo Law School and these two Centers routinely host Israeli Supreme Court justices and law professors, as well as a wide range of scholars, from Israel, the United States, and Europe, with interests at the heart of the project. The ISCP is directed by Cardozo professors Michael Herz, co-director of the Floersheimer Center, and Suzanne Last Stone, director of the Center for Jewish Law, Affiliated Faculty, Tel Aviv Law School, and academic consultant for several Israeli think tanks. Professor Herz is an expert on constitutional and administrative law, and Professor Stone has written extensively on Jewish law, religion and democracy in Israel, and globalization and legal theory. Ari Mermelstein, Assistant Professor of Hebrew Bible at Yeshiva University and assistant director of the Center for Jewish Law, serves as Assistant Director.

09/06/2024

The Center for Jewish Law and Israeli Supreme Court Project at Cardozo Law School will host Professor Gideon Libson (Law Faculty, The Hebrew University of Jerusalem) for a lecture entitled "Maimonides and Sufism: Recent Developments," on Wednesday, September 11, 6:00-7:30 p.m., Cardozo Law School room 102. Attendance is free but advance registration is required. RSVP by email to [email protected]. The lecture will also be available by Zoom; for details, email [email protected].

05/27/2024

The Yeshiva University Center for Jewish Law and Contemporary Civilization is pleased to host Dr. Elana Stein Hain for a discussion of her recent book, Circumventing the Law: Rabbinic Perspectives on Loopholes and Legal Integrity (University of Pennsylvania Press, 2024) on Monday, June 3, at 7pm. The event will be held on Zoom at https://yeshiva-university.zoom.us/j/94232091695. Advance registration is required; please register by emailing [email protected].

04/05/2024

The Diener Institute in Jewish Law, the Center for Jewish Law and Contemporary Civilization, and the Israeli Supreme Court Project at Cardozo Law School are pleased to invite you to a lecture by Dr. Benny Porat: “Separation of Powers in a Jewish and Democratic State: What Contribution Can the Jewish Legal Tradition Make to the Israeli Debate over Judicial Reform?”

Monday, April 8, 6:30pm, Cardozo Law School, room 102

Attendance is free but advance registration is required. To register, email [email protected]

NEW TRANSLATION POSTED! https://versa.cardozo.yu.edu/opinions/movement-quality-government-v-knessetMovement for Quality ...
01/08/2024

NEW TRANSLATION POSTED!
https://versa.cardozo.yu.edu/opinions/movement-quality-government-v-knesset

Movement for Quality Government v. Knesset concerned challenges to Amendment No. 3 to Basic Law: The Judiciary (the “reasonableness amendment”). In view of the controversy surrounding the amendment and the fundamental constitutional question it raised in regard to the Supreme Court’s jurisdiction to review Basic Laws, the Court took the unprecedented step of sitting en banc.

On January 1, 2024, a majority of the Court (12 of 15 justices) held that the Court held the authority to conduct judicial review of Basic Laws and to intervene in exceptional, extreme cases in which the Knesset deviated from its constituent authority.

A majority of the Court (8 of 15 justices) further held that Amendment No. 3 to Basic Law: The Judiciary represented an extreme deviation from the Knesset’s constituent authority that left no alternative but to declare the amendment void.

A translation of the official abstract issued by the Court appears here.

Movement for Quality Government v. Knesset concerned challenges to Amendment No. 3 to Basic Law: The Judiciary (the “reasonableness amendment”). In view of the controversy surrounding the amendment and the fundamental constitutional question it raised in regard to the Supreme Court’s jurisdict...

09/28/2022

LECTURE TOMORROW WITH JUSTICE DAPHNE BARAK-EREZ!

The Israeli Supreme Court Project at Cardozo Law School, The YU Center for Jewish Law and Contemporary Civilization at Cardozo Law School, the Diener Institute in Jewish Law present:

“Judicial Readings in the Hebrew Bible”
A lecture by Justice Daphne Barak-Erez, Israeli Supreme Court

Thursday, September 29, 2022, 6:30 p.m.
Cardozo Law School (55 Fifth Avenue at 12th Street), Jacob Burns Moot Court Room.
Attendance is free, but advance registration is required. Please register by emailing [email protected].
The lecture will also be broadcast over Zoom. For login information, email [email protected].

09/21/2022

UPCOMING LECTURE BY JUSTICE BARAK-EREZ!

“Judicial Readings in the Hebrew Bible”

A lecture by Justice Daphne Barak-Erez, Israeli Supreme Court

Thursday, September 29, 2022, 6:30 p.m.

Cardozo Law School, Jacob Burns Moot Court Room

Hosted by the Israeli Supreme Court Project at Cardozo

Attendance is free, but advance registration is required. Please register by emailing [email protected].

NEW TRANSLATION! We are pleased to inform you that a translation of Doe v. Clalit Health Services, App Civ 8710/17 (2019...
12/24/2021

NEW TRANSLATION! We are pleased to inform you that a translation of Doe v. Clalit Health Services, App Civ 8710/17 (2019), has just been posted to Versa: The Website of the Israeli Supreme Court Project at Cardozo.

This appeal addressed whether, for the purpose of informed consent to medical treatment, a physician’s duty of disclosure includes a duty to disclose religious information pertinent to the treatment, or medical information adapted to a particular patient’s religious beliefs.

The Court held that a physician is not required to advise a patient on matters of religion, should not do so, nor should a physician inquire into a patient's religious beliefs or make assumptions about a patient's beliefs. A physician is, however, required to provide medical information adapted to a patient's religious beliefs if the patient explicitly requests such information at his or her own initiative.

[This abstract is not part of the Court's opinion and is provided for the reader's convenience. It has been translated from a Hebrew version prepared by Nevo Press Ltd. and is used with its kind permission.]

NEW TRANSLATION! We are pleased to inform you that a translation of Adalah Legal Center for Arab Minority Rights in Isra...
12/10/2021

NEW TRANSLATION! We are pleased to inform you that a translation of Adalah Legal Center for Arab Minority Rights in Israel v. State Attorney’s Office – Cyber Department, HCJ 7846/19 (2021) has just been posted to Versa: The Website of the Israeli Supreme Court Project at Cardozo.

The Cyber Department of the State Attorney’s Office sends reports to internet platform operators to request the removal of content that the State Attorney’s Office deems as constituting an offense under Israeli criminal law, and that also breaches the Terms of Use of the platforms. This petition addressed the question of the authority of the Cyber Department to conduct such “voluntary enforcement” for the removal of harmful content in the absence of express statutory authority. Although the petition suffered from several threshold defects that could have justified its dismissal in limine, the High Court of Justice addressed it on the merits due to the importance of the issues raised and in view of the subject being a matter of first impression.

In denying the petition, the Court held that the Department could rely upon the residual power granted to the government under sec. 32 of Basic Law: The Government, as long as its activities did not infringe fundamental rights, as residual power cannot ground such violations. Nevertheless, the Court recommended greater oversight and transparency, and suggested that the Knesset consider enacting a law to provide a detailed arrangement for the mechanism, as has been done in several other countries.

The petition addressed the question of the authority to conduct “voluntary enforcement” activity for the removal of harmful content from the internet, the manner and configuration of the activity of the Cyber Department of the State Attorney’s Office, and the lack of express statutory authorit...

NEW BLOG POST!! Those interested in comparative political process theory should find Prof. Rivka Weill's article, "Judic...
07/21/2021

NEW BLOG POST!! Those interested in comparative political process theory should find Prof. Rivka Weill's article, "Judicial Intervention in Parliamentary Affairs to Prevent a Coup d'état," forthcoming in the Maryland Law Review, of great interest. The abstract is accessible on the blog.

Those interested in comparative political process theory should find Prof. Rivka Weill's article, "Judicial Intervention in Parliamentary Affairs to Prevent a Coup d'état," forthcoming in the Maryland Law Review, of great interest. Here's the abstract:

NEW BLOG POST!! The Israeli Supreme Court published its annual list of the Court’s most important decisions delivered be...
07/15/2021

NEW BLOG POST!! The Israeli Supreme Court published its annual list of the Court’s most important decisions delivered between September 2019 and December 2020. In our most recent blog post, we present English abstracts of selected cases and links to English translations of the decisions where available. We also present a brief list of several recently published articles addressing or drawing upon Israeli law.

The Israeli Supreme Court published its annual list of the Court’s most important decisions delivered between September 2019 and December 2020. Below, we present abstracts of selected cases, and links to English translations where available. The full Hebrew list can be viewed here. We also present...

NEW TRANSLATION! We are pleased to inform you that a translation of Abutbul v. Phillip, CrimA 5338/17 (2018), has just b...
05/21/2021

NEW TRANSLATION! We are pleased to inform you that a translation of Abutbul v. Phillip, CrimA 5338/17 (2018), has just been posted to Versa: The Website of the Israeli Supreme Court Project at Cardozo.

This decision concerned a contempt of court order issued against the Beit Shemesh municipality for its failure to comply with a judgment requiring that it remove signs, stickers and graffiti that were offensive to women. In its judgment, the Court also addressed the phenomenon of exclusion of women from the public domain as a form of sex-based discrimination and as a violation of the basic rights of women.

[This abstract is not part of the Court's opinion and is provided for the reader's convenience. It has been translated from a Hebrew version prepared by Nevo Press Ltd. and is used with its kind permission.]

On Tuesday, December 22, 2020, an eleven-judge panel of the Israeli Supreme Court will hear 15 petitions challenging the...
12/22/2020

On Tuesday, December 22, 2020, an eleven-judge panel of the Israeli Supreme Court will hear 15 petitions challenging the constitutionality of Basic Law: Israel - The Nation State of the Jewish People.

The proceedings will be streamed live at 9 AM (2 AM EST) on the Supreme Court website:

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