Alex Traiman
JNS, July 24, 2023
“… prior to the formation of the current government, several opposition leaders, including Yair Lapid, Avigdor Lieberman and Gideon Sa’ar, have all spoken out in favor of judicial reform.”
Amid the largest and most well-funded protest movement in Israel’s history, the democratically elected governing coalition passed the first reform in a historic process aimed at bringing Israel’s activist Supreme Court in line with the judicial limitations present in most Western democracies.
With 64 votes in favor, Basic Law: The Judiciary will limit the court’s usage of an undefined “reasonableness standard” that has long served as an unrestrained lever to overturn Knesset legislation and executive policy.
Reasonableness has often been utilized by the court to reverse laws and policies that while not in direct contradiction to laws already on the books stood in contradiction to the limited worldview of a court that is dominated by secular, left-wing justices—a minority in Israeli society.
For those who claim that Israel will no longer be governed by the rule of law, nothing could be further from the truth. Should the newly minted law go into effect, the court will still maintain its authority to rule on petitions and even overturn legislation based on established legal principles. The court will lose its authority to overturn legislation on the discretionary basis of what it deems to be acceptable or proper.
Judicial Revolution
For decades, Israel’s Supreme Court under the leadership of former Supreme Court president Aharon Barak has amassed increasing authority in landmark, self-defined rulings, shifting the delicate balance of power between the three branches of government in its own favor.
This self-proclaimed judicial revolution determined that any issue—legal, procedural or otherwise—is justiciable. It allows for petitioners to bring cases to the court without standing and enables the court to cancel legislation; force the parliament to pass laws; and hamstring the activities of the prime minister and his or her cabinet. And it was all initially instituted without majority votes in the parliament.
… [To read the full article, click here]
