The Attorney-General Gali Baharav-Miara called for the High Court of Justice to strike down the reasonableness standard law in a Sunday morning opinion, the second time that her office has sanctioned the cancellation of a basic law amendment.
The legal opinion, which came ahead of the hearing next Tuesday, acknowledged the sensitivity of engaging in judicial review of basic laws, but explained that the amendment closed the door on recourse for people and groups harmed by unreasonable government decisions. The law removed the means for the public to defend themselves against arbitrary use of authority against them.
The impact to the public, as well as the consequences of the law on the separation of powers, the rule of law, and human rights created an exceptional situation in which the very foundations of the democratic system were harmed, said the Attorney-General’s Office. This warranted the striking of the law.
The High Court has never struck down a basic law amendment, and it is hotly contested if it has the power to do so.
The Attorney-General has previously sanctioned judicial review on a basic law amendment ahead of the incapacitation law hearing, which appears to be set to instead have a delayed application, pending a September 28 hearing.
What is the reasonableness doctrine?
The reasonableness standard is a common law doctrine that allowed the High Court to engage in judicial review of government administrative actions deemed far beyond what a reasonable and responsible authority would undertake. As part of the judicial reform, as law was passed on July 24 that restricted the law’s application to civil servants and not to decisions by ministers, the prime minister, and government.
High Court hears petitions on against the incapacitation law on August 3, 2023. (credit: MARC ISRAEL SELLEM)
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