An altered version of the judicial reform reasonableness standard bill was discussed at the Constitution, Law and Justice Committee on Thursday in preparation for the bill’s final readings at the Knesset plenum.
The new version of the bill restricts the use of reasonableness standard by courts against the administrative decisions of the prime minister and other ministers, but removes language about other elected officials. A new provision would protect not only active decisions made by ministers, but also actions that they decided not to engage in.
The reasonableness standard is a common law doctrine in which the courts can strike down government administrative decisions deemed extremely outside the bounds of what a responsible and reasonable authority would undertake.
Law Committee Chairman Simcha Rothman said that the changes to the bill came in response to recommendations made by experts in sessions on Tuesday and Wednesday. Yesh Atid MK Karine Elhrarrar complained that the new version was only shared late on Wednesday night.
The removal of reference of elected officials, said Rothman, was to address concerns about how far the protection would extend, such as to the level of local authorities like mayors. Rothman said that such discussions were extra and unnecessary to what the bill was attempting to address.
MK Simcha Rothman, head of the Constitution, Law and Justice Committee leads a Committee meeting on the planned judicial reform, at the Knesset in Jerusalem on July 12, 2023. (credit: YONATAN SINDEL/FLASH90)The continued preparation of the amendment to the Basic Law: The Judiciary comes on the heels of mass protests on Tuesday in response to the legislation passing its first reading in the Knesset plenum.
A series of bill preparations hearings are scheduled from Sunday until Wednesday.
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