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Summary. This paper focuses on a doctrine that the Israeli Supreme Court has developed since the early 1990s under which the Court removes officeholders from their position by ordinary judicial review proceedings. Although this doctrine is not founded on any formal constitutional settings, nonetheless it has had a significant influence on the relationships between the judiciary and the political branches, as it was the basis for the removal of several major political figures — including ministers and top bureaucrats — from office. The substantial rise of judicial power in Israel since the early 1980s has been documented by the literature of comparative constitutionalism. Yet this rise took place despite the lack of any meaningful formal constitutional guarantees of judicial autonomy in Israeli constitutional law. I argue that this doctrine of removal can serve to explain this gap. This practice of ‘impeachment’ by judicial review is unique to Israel. Therefore, it has hardly been studied by the comparative literature. It is, however, extremely common and influential in Israeli constitutional and political life. It also enjoys massive support from legal elites and the general public alike. I argue that one cannot understand the relationships between the courts and politics in Israel without taking this component into account. In this Article, I describe the development of this practice by the Israeli Supreme Court and its influence on the relationships between the courts and politics in Israel. I also provide a critical evaluation of the doctrine.
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Summary. To what extent are professional decision-makers in the field of public procurement susceptible to cognitive biases? Recent research found a bias in favor of the lower bidder when ranking competing bids (Dekel and Schurr 2014, “Cognitive Biases in Government Procurement – an Experimental Study with Real Bid Evaluators,” 10(2) Review of Law and Economics 169–200). In the present research we examine this question regarding another stage of the public procurement process – the qualification stage. To this end, we conducted a series of experiments with the participation of procurement officials in situations that closely resemble their daily work. Our main finding is that even though procurement officials are susceptible to a cognitive bias when they have to score competing bids, they overcome that bias when asked to decide whether to qualify faulty or questionable bids. We cautiously ascribe this difference to the different types of decision-making involved, and suggest further explorations of these insights.
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Summary. Voters' punishment of corrupt politicians at the ballot box is oftentimes modest, at best. Recent studies suggest that this minor electoral sanctioning is due to limited corruption information and to the relative weakness of integrity considerations in voting behavior. We demonstrate that anti-corruption measures taken by elite institutions – in this case, the Israeli Supreme Court – in close proximity to an election, can increase electoral sanctioning by enhancing the importance of integrity considerations, holding corruption information fixed. We utilize the variation in incumbent integrity across time and space to identify the effect of an exogenous anti-corruption decision by the Supreme Court on voting (Study 1). We further test this effect in a novel survey experiment, with mayoral performance satisfaction as the dependent variable (Study 2). Both studies demonstrate that judicial bodies have the capacity to influence electoral behavior by enhancing the importance of integrity considerations, holding corruption information constant.