An American Friend in an Israeli Court: An Empirical Perspective

2 The Israel Law Review 48 (2015)

21 Pages Posted: 19 Dec 2015

See all articles by Israel Issi Doron

Israel Issi Doron

University of Haifa - Department of Gerontology

Manal Totry-Jubran

Bar Ilan University

Guy Enosh

University of Haifa

Tal Regev

University of Haifa

Multiple version iconThere are 2 versions of this paper

Date Written: July 17, 2015

Abstract

The legal concept of ‘amicus curiae’ (friend of the court) was unknown in Israeli law until 1999 when, in the course of a well-known legal decision (the Kuzli case), the Israeli Supreme Court adopted this common law concept as part of Israeli law. Almost fifteen years have elapsed since the legal precedent set in Kuzli, during which time the criteria for participation as an amicus curiae have been established. The aim of this study was to empirically explore and analyse the ways in which the procedural institution of amicus curiae has been used and adopted under Israeli law, and the extent to which it has influenced judicial decisions. The study has used empirical methods, including the collection of quantitative data from computerised databases in Israel concerning cases in which an application to be recognised as an amicus curiae was made. The main findings indicate that, over the last decade, the number of applications for recognition as an amicus curiae has grown steadily. Most of these applications were made by non-governmental organisations in attempting to support private individuals engaged in legal proceedings against the state or for-profit corporations. The findings reveal that the courts have approved most of these applications.

Keywords: amicus curiae, empirical legal study, legal procedure, non-governmental organisations

Suggested Citation

Doron, Israel and Totry-Jubran, Manal and Enosh, Guy and Regev, Tal, An American Friend in an Israeli Court: An Empirical Perspective (July 17, 2015). 2 The Israel Law Review 48 (2015) , Available at SSRN: https://ssrn.com/abstract=2704882

Israel Doron

University of Haifa - Department of Gerontology ( email )

Haifa 31905
Israel
972-4-8249954 (Phone)
972-4-8249946 (Fax)

Manal Totry-Jubran (Contact Author)

Bar Ilan University ( email )

Ramat Aviv
Ramat Gan, IL Ramat Gan 52900
Israel
+972-3-5317074 (Phone)

HOME PAGE: http://law.biu.ac.il/en/node/3500

Guy Enosh

University of Haifa ( email )

Mount Carmel
Haifa, 31905
Israel

Tal Regev

University of Haifa ( email )

Mount Carmel
Haifa, 31905
Israel

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