T. Belman. With the removal of the extreme reasonableness standard, the government can do what it wants. If there is a law standing in its way, they can amend the law. The HC then would have no basis to overrule it. This is not a good thing. So the choice is, do you want an unfettered government or do you want oversight by the Supreme Court, even a left wing one? The latter option is more palatable if you stack the selection committee to ensure that a majority of judges are conservative. But this can change with a change in government.
At least the government can be held accountable by the people whereas the Court cannot.
Israel’s Recent “Unreasonableness Amendment” and its Implications. Law Profs Forum
By: Prof. Amichai Cohen, ISRAEL DEMOCRACY INSTITUTE 22.6.23
The coalition is currently seeking to advance a legislative amendment that will prevent the Supreme Court from annulling (or striking down) decisions of the government, individual ministers, and other elected officials (such as mayors) it finds to be “extremely unreasonable.”
What is the standard of extreme unreasonableness?
In Israel, there is no law defining judicial review powers over decisions made by the executive branch. Thus, the grounds for judicial intervention in administrative affairs are “common law” standards declared in decisions of the courts. These grounds entail the examination of three aspects of decision-making by the executive branch:
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