Tensioni e torsioni nel rapporto tra Corti e Legislatori: i casi di Mongolia e Israele

Tensions and torsions in the relationship between courts and lawmakers: the cases of Mongolia and Israel

Abstract

Tensions and torsions in the relationship between courts and lawmakers: the cases of Mongolia and Israel - In the comparative panorama, a trend that increasingly sees the approval of reforms, legislative or constitutional, aimed at limiting the powers of the apical Courts and undermining their independence is emerging. In some contexts, the regulatory role of Supreme Courts has shifted from that of actors that have favored the democratic transition to institutions strongly influenced by political power and therefore part of the phenomena of democratic regression and transition towards hybrid or even illiberal regimes. The present text addresses the cases of Mongolia and Israel, where the apex courts have played a fundamental role in the processes of transition and democratic consolidation and are and are today at the centre of tensions and attempts at constitutional (Mongolia) or legislative (Israel) reform aimed at redefining their powers and role.

Keywords: Israel; Mongolia; Separation of powers; Supreme Court; Unconstitutional Constitutional Amendment Doctrine.