Approved measure prevents the Judiciary from reviewing government decisions based on the “principle of reasonableness”; Israelis opposed to the change protest in the streets
The Legal Committee of the Parliament of Israel, approved on the night of this Thursday (July 20, 2023), by 9 votes to 7, a measure that prohibits the Supreme Court from reviewing government decisions based on the “principle of reasonableness”. This passage is one of the most controversial parts of the judicial reform proposed by Israeli Prime Minister Benjamin Netanyahu. The information is from The New York Times.
Netanyahu introduced the bill to reform the judiciary in January after a Supreme Court decision forced him to ask for the resignation of his political ally and minister Aryeh Deri, convicted of tax fraud in 2022.
Followed by a wave of protests, the bill advanced again last week, after a 3-month hiatus, during which the Netanyahu government and the opposition tried to reach an agreement on the reform. Without consensus, it is predicted that already in the 2nd (24.jul) the project will be ratified by the legislature.
In a statement after the vote this Thursday (20.Jul), the premier said that “Israel will remain a democratic country.” It is “liberal”. The opposition says the measure expands the executive’s powers while overriding Supreme Court decisions.
UNDERSTAND THE MEASUREMENT
Since January, Prime Minister Netanyahu’s government has been trying to pass bills that would give it more control over the selection of Supreme Court judges and restrict the court’s ability to overrule rulings by the largely ruling parliament.
The initiative triggered a wave of protests across the country, which led to the start of negotiations in search of an agreement. The opposition pulled out of the talks in June, and a month later the government decided to proceed with a bill that would limit the Supreme Court’s ability to overturn decisions by elected officials in Parliament.
The ruling coalition, made up of the prime minister’s Likud party and the two ultra-Orthodox acronyms Shas and United Torah Judaism, argues that the Supreme Court has “excessive freedom” to interfere in political decisions and that the court often acted against right-wing interests.
To reduce its influence, the Netanyahu government wants to prevent Supreme Court justices from using the “reasonability” to overrule decisions by legislators in Parliament, saying it is a vague concept that is not properly provided for in Israeli law.
O “principle of reasonableness” it is a legal tool in which a decision is considered “irrational” by the Supreme Court if the court determines that not all relevant factors have been considered or if each factor has not been given adequate weight.
The opposition says that if the bill becomes law, the court will not be able to curb possible abuses of power by the Netanyahu government. The prime minister already faces corruption allegations and opponents believe the judiciary reform could be used to drop charges against him.
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