Beyond Independence and Accountability
Edited by Richard Devlin and Adam Dodek
Chapter 11: Decentralized regulation: reconciling inter-branch tensions in Israel
The Israeli judiciary is characterized by a paradox: it lacks formal protection in law but it is strongly independent in practice. Israeli law does not grant independence to the judicial branch yet it does grant broad regulatory authority to the Minister of Justice and to the Parliament, which could discontinue the courts’ operations by a simple majority vote. The solution to this complexity is the creation of decentralized regulation of judges’ behaviour. Decentralized regulation is conducted both internally and externally, and its external workings are distributed among three separate bodies: the Minister of Justice, the Knesset and the Ombudsman, with the latter a fully independent body.
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