The opposition party National Unity launched a campaign on Monday titled “Taking Responsibility – Stopping the Judicial Overhaul and Returning to Talks,” ahead of a vote expected on Monday evening on the first reading of the controversial “reasonableness standard bill,” which the coalition is pushing forwards one-sidedly after talks at the President’s Residence broke down last month.
The campaign included a video describing what National Unity claimed were the government’s upcoming steps regarding the judicial overhaul.
According to the video, after passing the reasonableness standard bill, the government will attempt to “politicize” the election of judges by altering the makeup of Israel’s Judicial Selection Committee; attempting to pass a bill to restrict the power of the attorney-general and the legal advisors in each government ministry; and launch a series of initiatives, including firing Attorney-General Gali Baharav-Miara, that will lead to a “severe blow to democracy.”
National Unity chairman MK Benny Gantz and Yesh Atid chairman MK Yair Lapid announced last month that they would not return to the talks until the coalition convenes the Judicial Selection Committee after the coalition delayed by a month the election of its representative to the committee. This vote is scheduled for Wednesday. Last week, however, Gantz indicated that he would be willing to reenter talks if the coalition ceases to advance the judicial reform legislation – even if the Judicial Selection Committee does not convene.
What is the reasonableness standard bill?
The “reasonableness standard bill” is an amendment to Basic Law: The Judiciary, which would block Israel’s courts from applying what is known as the “reasonableness standard” to decisions made by elected officials. The reasonableness standard is a common law doctrine that allows for judicial review against government administrative decisions that are deemed beyond the scope of what a responsible and reasonable authority would undertake.
Head of the Yesh Atid party MK Yair Lapid speaks during a faction meeting at the Knesset, the Israeli parliament in Jerusalem, on June 19, 2023. (credit: YONATAN SINDEL/FLASH90)Proponents of the law argue that it is a highly subjective tool for judicial activism that allows the court to subvert government policy with its own views. Critics, including the attorney general, argue that the tool is essential to counter corruption and to ensure the protection of individuals from arbitrary and capricious government decisions.
The court used the reasonableness standard, for example, when it ruled in January that Prime Minister Benjamin Netanyahu’s decision to appoint Shas chairman Arye Deri to two ministerial positions, despite three criminal convictions on white-collar crime committed while in power, suffered from “extreme unreasonableness.” Netanyahu was forced to fire Deri. Should the reasonableness standard bill pass into law, the prime minister may attempt to reappoint Deri to his former positions of health minister and interior minister.
National Unity’s campaign began a day after the government blasted Baharav-Miara and other top officials in the Justice Ministry over what they claimed was “selective enforcement” against protestors against the judicial reforms.
A number of ministers called during the cabinet meeting for Baharav-Miara’s removal, and KAN News reported on Sunday evening that Prime Minister Benjamin Netanyahu in closed-door meetings has not ruled out removing her from her position. The Likud denied the report.
Michael Starr contributed to this report
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