The hearing on petitions for the Law to Cancel the Reasonableness Standard has been set for September 12, the High Court of Justice decided on Monday.
For the first time in the court’s history, all 15 of the justices will preside over the hearing in an expanded bench. The High Court has never before struck down a Basic Law amendment, and it is debated if it even is capable of doing so. The move to expand the bench was welcomed by the Movement for Quality Government in Israel, one of the petitioners.
“This is a historic petition designed to repeal the central law in the series of coup d’état laws,” said MQG. “The [High Court] president did well to include all the judges of the High Court in this important discussion.”
Likud MK Boaz Bismuth responded to the new on Twitter, saying that “15 people wearing judges robes, replacing 120 representatives of the people, this is the end of democracy.”
A hearing for petitions over Prime Minister Benjamin Netanyahu’s conflict of interest violations, which was set for the same day, has consequently been delayed.
The court will hear arguments for eight petitions filed in rapid succession following the passing of the reasonableness law, an amendment to Basic Law: The Judiciary, last Monday. Petitioners included the Israel Bar Association, Smoke Free Israel, the Movement for Quality Government in Israel, and the OMETZ movement.
Israeli Prime Minister Benjamin Netanyahu and National Unity leader MK Benny Gantz are seen moving to shake hands in the Knesset amid the vote on the controversial reasonableness standard bill, in Jerusalem, on Monday, July 24, 2023. (credit: MARC ISRAEL SELLEM/THE JERUSALEM POST)What are arguments against the Law to Cancel the Reasonableness Standard?
The petitions argued that the Law to Cancel the Reasonableness Standard — which restricted the use of judicial review against government, prime ministerial, and ministerial administrative decisions deemed extremely unreasonable — would damage Israel’s democratic system, was unconstitutional, and was procedurally faulty.
The rule of law and balance of powers were damaged by the passing of the law, since the reasonableness standard was a vital tool of the court to check government excess, argued critics. Elected officials no longer have a requirement to act reasonably have been removed, weakening the system to corruption and political appointments.
The constitutionality of the law was brought into question by petitioners, who said that the Knesset abused its constitutional authority to pass a law that detailed a specific tool — Basic Laws are intended to establish the general rules, powers, and structures of the state.
The petitioners also claimed that the legislative process of the law was flawed. The bill had been advanced as a committee bill, which are largely for technical matters. Private laws are subject to preliminary votes and a 45-day waiting period.
September is set to be a month filled with dramatic High Court hearings, with the Judicial Selection Committee assembly petitions to be heard as well.
Likud issues warning to High Court
The governments of Israel have always respected High Court rulings while the court has always respected Basic Laws, Netanyahu’s Likud faction said in a statement released on Monday evening in response to the High Court’s hearing date being set for September.
“These are fundamental to the rule of law in Israel and the checks and balances between authorities in all democracies,” the Knesset’s leading faction stated. “Any deviations from these fundamentals will cause serious damage to Israeli democracy,” it warned.
Jerusalem Post Staff contributed to this report.
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