Publication Date
6-3-2024
Abstract
In this Article, I seek to review the reaction of the Israeli High Court of Justice (HCJ) to the social and political pressures created by the spread of the virus in Israel amidst a constitutional crisis that Israel went through during 2020- 2021. The HCJ is regarded by many as a strong and interventionist judicial institution. Often, critics argue that the degree of supervision exerted by the HCJ over both the Israeli bureaucracy and the political branches goes way beyond the traditional role of the judiciary, as envisioned by theorists of judicial review. My aim is to use this analysis of judicial review during the coronavirus times as a test case to examine if, and to what extent, this critique is valid. In addition, I examine how the coronavirus crisis influenced the tense relationship between the judiciary and the political branches in Israel. I find that, in general, the HCJ showed considerable deference regarding governmental policies during the pandemic and kept its intervention to cases in which executive decisions threatened fundamental political rights. Nevertheless, the indirect effects of the Court’s tight, routine supervision over decision-making processes by the Israeli bureaucracy remained significant.
Recommended Citation
Dotan, Yoav
(2024)
"The Israeli High Court of Justice During the COVID-19 Crisis: The Model of Continuous Judicial Review,"
Georgia Law Review: Vol. 58:
No.
3, Article 10.
Available at:
https://digitalcommons.law.uga.edu/glr/vol58/iss3/10