The Standard of Unreasonableness has roots in English law and is commonly used in many other countries. It is utilized in areas where a level of vagueness exists within legislation and allows the court to oversee government decisions where decisions“disproportionately focus on political interests without sufficient consideration for public trust and its protection.”
This is only used in cases that are deemed extremely unreasonable and may be seen as damaging to the democratic foundations of the country.
On July 24th, the Knesset amended the Basic Law: the Judiciary, and repealed the Standard of Reasonableness.
On January 1st, 2024 the Supreme Court ruled to strike down the amendment repealing the Standard of Reasonableness in a landmark decision that also established the Supreme Court’s authority to review and amend Basic Laws when these violate the basic principles of Israel as a Jewish and democratic state.
