The preparations for the judicial reform reasonableness standard bill continued on Monday at the Knesset Constitution, Law and Justice Committee, despite disruptive protests expected across the country and an unfolding military operation in Jenin.
The new bill, the first reform legislation since the freeze in late March, would prevent judicial review of the administrative decisions of elected officials. The Reasonableness standard allows courts to strike government administrative decisions that are deemed beyond the scope of a reasonable and responsible authority.
Opposition members attacked the decision by Law Committee chairman Simcha Rothman to continue with the session despite the military operation.
Labor MK Gilad Kariv asked why the bill couldn’t wait another few days given the situation in Jenin. He said that he had asked Rothman an hour prior to the session to delay the hearing. Likud MK Tally Gotliv shot back that the opposition should delay the protest at Ben Gurion airport. Yesh Atid MK Karine Elharrar said that the opposition backed the military operation but asked why there was stress to hold the hearing.
“Stop the race, this isn’t a suitable date for the discussion,” said Elharrar.
MK Gilad Kariv leads attends a Law and Constitution Committee meeting on June 26, 2022 (credit: OLIVIER FITOUSSI/FLASH90)Yesh Atid MK Yoav Segalovitz said that it was suitable for the government to continue with legislation despite the military operation. He said it was also in character that while Prime Minister Benjamin Netanyahu had said that the override clause, which would allow the Knesset to overturn judicial review of legislation, was out, the ultra-orthodox draft law was on the agenda. United Torah Judaism party sought to avoid the mass drafting of haredi youth, and while the override law was a method to achieving this, if there was a replacement draft law it wouldn’t be necessary.
Softening of the bill
Segalovitz also asked about rumors that there would be a softening of the bill.
Gottliv complained that there was already very little left of the reform, and she felt like a dog being given scraps. If reasonableness was struck down, she said that it was likely that the High Court of Justice would use a new tool to review administrative decisions.
Yisrael Beytenu MK Sharon Nir said that it came to the reasonable standard, they were discussing a measure used in rare instances in very extreme situations, and addressing such situations was in the best interest of the public.
“Restriction of the reasonableness standard will create permission for corruption,” said Nir. “Where is the public interest?”
As protesters gathered to demonstrate on Monday, Likud MK Moshe Saada said that the opposition was using the bill to knock down the government.
“You’re taking a legal and academic issue and taking it to a place of hate,” said Saada.
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