Zer-Gutman, Limor --- "Decentralized regulation: reconciling inter-branch tensions in Israel" [2016] ELECD 1560; in Devlin, Richard; Dodek, Adam (eds), "Regulating Judges" (Edward Elgar Publishing, 2016) 227

Book Title: Regulating Judges

Editor(s): Devlin, Richard; Dodek, Adam

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781786430786

Section: Chapter 11

Section Title: Decentralized regulation: reconciling inter-branch tensions in Israel

Author(s): Zer-Gutman, Limor

Number of pages: 18

Abstract/Description:

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.