Articles for author: Alon Harel

Governing in the Shadow of Indictments

Israel has been experiencing fierce conflicts between the Prime Minister and the government on the one hand and prominent public officials on the other. Two such conflicts have occupied the public discourse in recent weeks: the conflict between the government and both the Attorney General (Gali Barahav-Miara) and the head of the internal security service (Ronen Bar). In both cases, the government's attempt to remove these officials from office has run into legal difficulties, grounded in accusations concerning conflict of interest, which stem from two opposing principles within administrative law.

Separating Substance from Procedure: How to Address the Israeli Constitutional Crisis

Many proposals to resolve the current Israeli constitutional crisis have been recently advanced. Yet, most of them are arguably unlikely to bring about a compromise. This is so not because their content cannot be accepted by the parties involved, but because they do not address the substantive concerns of the parties. Israel's constitutional crisis results from the fact that the parties to the conflict shape their proposals concerning the decision-making process in a way that is conducive to their short-term substantive interests. Any proposed solution must therefore separate substantive questions from procedural and institutional ones.

The Proposed Constitutional Putsch in Israel

February and March 2023 have seen hundreds of thousands of demonstrators protesting against new proposed constitutional amendments designed to transform the constitutional foundations of the State of Israel. This is an exceptional phenomenon. Israel has seen mass demonstrations in the past, but it has never seen mass demonstrations on what may seem like issues which should concern, at best, lawyers or law professors. But looked at more attentively, this reaction is not surprising: beneath the legalistic debate on the constitutional amendments lurk deeper issues: should Israel be more western or more Jewish? What is the status of Jewishness in the Jewish State? What should the status of Palestinians in a Jewish State be? Is Israel primarily a western state, or is it a nationalist theocracy? A lot is, therefore, at stake for every Israeli citizen!

Slowing or Stopping the Turn to Authoritarianism in Israel

The elections will not bring any change with respect to the Israeli-Palestinian conflict, the religious conflict or the growing inequality. But they are important and even crucial for the future of Israel as they are most likely to slow and perhaps block the erosion of the protection of civil rights in Israel and the slow but continuous transition of Israel from a liberal democracy to an authoritarian one.