The Israeli High Court convened on Tuesday in a session held to hear the petitions and challenges submitted against the Knesset law passed to curb the court’s judicial review of government decisions.
15 Zionist justices entered the courtroom to start the hearing session at 9 a.m.
The July 24 reasonableness standard law restricts a common law doctrine that allowed the court to engage in judicial review of government administrative decisions deemed far beyond what a reasonable and responsible authority would undertake. Under the law, the court can not review the administrative decisions or inaction of the government, ministers, and prime minister, but the standard still applies to civil servants.
The legislation was an amendment to Israel’s quasi-constitutional basic laws. The court has never before struck down a basic law, and it is contested if it has the ability to do so. In recent weeks, opposition and coalition members have debated this legal question, raising concerns of a constitutional crisis.
Petitioners and respondents are set to continue in court the arguments about the legitimacy of striking down basic law amendments. There are a total of eight petitions submitted by dozens of NGOs and activists.
Attorney-General Office’s representative Aner Helman argued on Tuesday for the authority of the High Court of Justice to strike down the amendment to Basic Law: The Judiciary that limited the reasonableness standard.
Government attorney Ilan Bombach compared the use of judicial review against basic laws to a nuclear weapon, and cautioned its use.
“We aren’t talking about an extreme situation,” said Bombach, which warranted its use.
Source: Al-Manar English Website and Israeli media
