In Israel, high court begins hearings on basic law reform restricting judicial review of government decisions

By Michael Starr, 12 September 2023
Israel's High Court of Justice (photo credit: Yonatan Sindek via Flash90)
Israel's High Court of Justice (photo credit: Yonatan Sindek via Flash90)
A historic High Court of Justice hearing began on [12 September] morning when all 15 justices entered the courtroom all together for the first time to hear arguments to strike down the judicial reform's reasonableness standard law. [...] The hearing is the culmination of a year of political and legal turmoil for Israel, in which the first and so far only judicial reform legislation to pass into law will be challenged. The July 24 reasonableness standard law restricts a common law doctrine that allowed the court to engage in judicial review of government administrative decisions deemed far beyond what a reasonable and responsible authority would undertake. Under the law, the court can not review the administrative decisions or inaction of the government, ministers, and prime minister, but the standard still applies to civil servants. The legislation was an amendment to Israel's quasi-constitutional basic laws. The court has never before struck down a basic law, and it is contested if it has the ability to do so. In recent weeks, opposition and coalition members have debated this legal question, raising concerns of a constitutional crisis.
Read the full article here: The Jerusalem Post


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