Preparations for the reasonableness standard bill’s final Knesset readings continued on Wednesday morning at the Constitution, Law and Justice Committee after cross-country anti-judicial reform protests erupted in opposition to the legislation on Tuesday.
Deputy Attorney-General Dr. Gil Limon warned at the committee session that the bill, which would prevent the use of reasonableness against the administrative decisions of elected officials in court judgements, would have widespread systemic ramifications.
The reasonableness standard is a common law principle that allows for the court to strike down government administrative decisions deemed extremely beyond the scope of what a responsible and reasonable authority would undertake.
Without the standard, Limon warned that government officials would have no legal obligation to act in a reasonable manner.
“The cancellation of reasonable behavior, certainly in an extreme manner, will lead to the cancellation of a central democratic guarantee in our government system and a cornerstone in the relationship between the government and the individual,” said Limon.
MK Efrat Rayten reacts during a Constitution, Law and Justice Committee meeting on the planned judicial reform, at the Knesset in Jerusalem on July 12, 2023. (credit: YONATAN SINDEL/FLASH90)Limon emphasized the role of civil servants and professionals in the government, who could be fired for only political considerations. Those not outright removed from their position would be hesitant to disagree with elected officials, and those otherwise considering taking up the professional roles would be hesitant to do so.
The independence of civil servants and government professionals was key to avoiding Israeli officials and matters being brought before international legal forums, said Limon. This included the Attorney-General’s Office, which he said needed to continue its independent role to ensure proper administration and the protection of rights. The deputy decried the attacks leveled against his superior at the Law Committee session on Tuesday.
Rothman says legal advisers interfering with elected officials
Law Committee Chairman Simcha Rothman disagreed with the framing of government legal advisers as apolitical professionals, and said that they were gatekeepers operating against elected officials. While Limon was concerned about the appointments within the Justice Ministry, Rothman said that his camp had been long concerned about appointments of elected officials, which had been interfered in by the Attorney-General’s Office and the High Court of Justice using the reasonableness standard.
Law Committee legal advisor Dr. Gur Bligh said that the current formulation of the bill didn’t differentiate between different decisions like appointments and other matters. The framework was far more sweeping than other reform outline proposals, and didn’t differentiate between individual decisions by officials and their policy decisions.
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