Rothman asserts new changes to reasonableness bill only a clarification

T. Belman. Bibi’s son Yair is pressuring his father not to stop or soften legislation to annul the reasonableness doctrine in court review of government decisions

TOI, Today, 2:35 pm  

Shortly after amending the text of a controversial bill to outlaw judicial oversight over the reasonableness of government and minister decisions, Knesset Constitution, Law and Justice Committee chair MK Simcha Rothman tells the panel that the new “wording does not open up additional fronts.”

The updated bill text specifies that the High Court of Justice cannot intervene to force a minister to exercise their authority, or in appointments made by the cabinet or its ministers.

Rothman says the change was “to make it clear that the issue is not up for debate and also that a decision to refrain from exercising authority — where there is a decision to abstain” is also not open to judicial scrutiny.

“The issue of appointments is at the heart of governmental authority. The power to appoint or not to appoint or dismiss officers and directors general are the ABCs of the civil service,” he says at the third panel discussion since the bill cleared its first Knesset floor reading early Tuesday.

The new bill also axes language that previously said that it could also shield unspecified other elected officials from court review. Opposition lawmakers and experts were concerned that this could cover city halls, but Rothman has said that they would have needed to have been delineated in a separate piece of legislation.

Removing the clause, he said, was done “in light of the concerns that arose, that I could not understand where they came from.”

July 13, 2023 | Comments »

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