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In January 2023, Israel's Minister of Justice introduced a legislative package aimed at overhauling the judicial system.
The Standard of Reasonableness. The reasonableness doctrine is used where a level of vagueness exists within legislation and allows the courts to oversee cases where the government’s decision “disproportionately focuses on political interests without sufficient consideration for public trust and its protection.”
The Judicial Selection Committee. In Israel, the judge selection committee is composed of elected politicians, justices, and Bar Association members. Selection of a Supreme Court justice requires a majority of 7 of the nine members, which means neither politicians nor justices can unilaterally control of the selection process.
The Override Clause. The proposed 'Override Clause' would grant the Knesset the authority to override judicial decision with a simple majority of 61 Members of Knesset. In Israel, any coalition government has by default 61 members.
The Transformation of Legal Advisors into Political Appointees. Ministerial legal advisors have a dual role: they help the ministry implement its policies while serving as gatekeepers that ensure the ministry complies with the law. Today, they are civil servants appointed by tender and report to the Attorney General. Under the proposed overhaul, the legal advisors will become political appointees, subordinated to the ministers and potentially transformed into yes-men, diminishing their ability to perform their duty and defend the law.
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Explainer: The Standard of Unreasonableness by Prof. Amichai Cohen |
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