Impeachment by Judicial Review: Israel’s Odd System of Checks and Balances
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Yoav Dotan
Abstract
This paper focuses on a doctrine that the Israeli Supreme Court has developed since the early 1990s under which the Court removes officeholders from their position by ordinary judicial review proceedings. Although this doctrine is not founded on any formal constitutional settings, nonetheless it has had a significant 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.
The substantial rise of judicial power in Israel since the early 1980s has been documented by the literature of comparative constitutionalism. Yet this rise took place despite the lack of any meaningful formal constitutional guarantees of judicial autonomy in Israeli constitutional law. I argue that this doctrine of removal can serve to explain this gap. This practice of ‘impeachment’ by judicial review is unique to Israel. Therefore, it has hardly been studied by the comparative literature. It is, however, extremely common and influential in Israeli constitutional and political life. It also enjoys massive support from legal elites and the general public alike. I argue that one cannot understand the relationships between the courts and politics in Israel without taking this component into account. In this Article, I describe the development of this practice by the Israeli Supreme Court and its influence on the relationships between the courts and politics in Israel. I also provide a critical evaluation of the doctrine.
© 2018 by Theoretical Inquiries in Law
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- Frontmatter
- Introduction
- The Banality of the Commons: Efficiency Arguments Against Common Ownership Before Hardin
- Before the Tragedy of the Commons: Early Modern Economic Considerations of the Public Use of Natural Resources
- Commons and Environmental Regulation in History: The Water Commons Beyond Property and Sovereignty
- Cold-War Commons: Tragedy, Critique, and the Future of the Illiberal Problem Space
- The “Commons” Discourse on Marine Fisheries Resources: Another Antecedent to Hardin’s “Tragedy”
- Savagery, Civilization, and Property: Theories of Societal Evolution and Commons Theory
- Historicizing Elinor Ostrom: Urban Politics, International Development and Expertise in the U.S. Context (1970-1990)
- Indigenous Peoples, Political Economists and the Tragedy of the Commons
- Commons and Cognition
- Confronting Hardin: Trends and Approaches to the Commons in Historiography
- Give Us Back Our Tragedy: Nonrivalry in Intellectual Property Law and Policy
- Re-romanticizing Commons and Community in Israeli Discourse: Social, Economic, and Political Motives
- Impeachment by Judicial Review: Israel’s Odd System of Checks and Balances
- Israel’s “Constitutional Revolution”: A Thought from Political Liberalism
Articles in the same Issue
- Frontmatter
- Introduction
- The Banality of the Commons: Efficiency Arguments Against Common Ownership Before Hardin
- Before the Tragedy of the Commons: Early Modern Economic Considerations of the Public Use of Natural Resources
- Commons and Environmental Regulation in History: The Water Commons Beyond Property and Sovereignty
- Cold-War Commons: Tragedy, Critique, and the Future of the Illiberal Problem Space
- The “Commons” Discourse on Marine Fisheries Resources: Another Antecedent to Hardin’s “Tragedy”
- Savagery, Civilization, and Property: Theories of Societal Evolution and Commons Theory
- Historicizing Elinor Ostrom: Urban Politics, International Development and Expertise in the U.S. Context (1970-1990)
- Indigenous Peoples, Political Economists and the Tragedy of the Commons
- Commons and Cognition
- Confronting Hardin: Trends and Approaches to the Commons in Historiography
- Give Us Back Our Tragedy: Nonrivalry in Intellectual Property Law and Policy
- Re-romanticizing Commons and Community in Israeli Discourse: Social, Economic, and Political Motives
- Impeachment by Judicial Review: Israel’s Odd System of Checks and Balances
- Israel’s “Constitutional Revolution”: A Thought from Political Liberalism
