The Israeli Law Professors’ Forum for Democracy, an ad hoc and voluntary group of experts on Israeli law and specifically Israeli public law, expresses its grave concern over the apparent intention to abolish the independence of the judiciary, to subordinate it to the government and to the partisan political considerations of the executive branch, to undermine the independent status of the attorney general and civil service legal counsels, and to violate human rights. In this paper we examine the implications of the proposed regime change for the constitutional right to privacy.
We consider that:
● The proposed limitations on judicial review as a whole will, among other things, cause serious harm to the right to privacy. The increased potential of governmental arbitrariness is likely to infringe upon fundamental freedoms that are vital in a democratic regime.
● The main concern relates to the demise of judicial review over the constitutionality of government conduct and of parliamentary legislation, and over cases in which the government is a party to a judicial proceeding in which questions of privacy may arise, such as in labor relations.
The full position paper in Hebrew can be found on our website.