The Basic Law amendment abolishing the reasonable standard in judicial review of decisions by elected officials and the government has been disqualified.
Six months after the Knesset abolished the reasonable standard in judicial review of decisions by elected officials and the government, Israel’s High Court of Justice has struck down the amendment by a narrow majority of eight justices against seven.
The Knesset amended the Basic Law on judgements on July 24 by a majority of 64 MKs. Following the legislation, several petitions were filed against it, claiming, among other things, that the Knesset misused its constituent authority, that the legislation deprives the State of Israel of its democratic character, and that the legislative process was seriously flawed. Israel’s Attorney General Gali Baharav-Miara, argued that the law should be struck down.
On the other hand, the Knesset, the government and the chairman of the Constitution, Law and Justice Committee, MK Simcha Rothman, who were represented in the petition by private lawyers, argued that the court had no authority to strike down the law and even if it did it should not exercise it.
The court hearing on the petition in front of the 15 justice panel took place on September 13 and lasted 13 hours 30 minutes. Today’s ruling was written over 743 pages.
Published by Globes, Israel business news – en.globes.co.il – on January 1, 2024.
© Copyright of Globes Publisher Itonut (1983) Ltd., 2024.
High Court of Justice credit: Yediot Ahronot Alex Kolomosky
