Opponents of the judicial system reform staged a demonstration in front of the Supreme Court

wwwww

by Ifi Reporter Category:Law Sep 11, 2023

Opponents of the judicial system reform staged a demonstration in front of the Supreme Court on Monday evening, in anticipation of upcoming hearings on petitions related to the "reason for reasonableness." Following the demonstration, a march proceeded to the Prime Minister's residence on Balfour Street in Jerusalem.

In response to recent reports that the Prime Minister is considering unilaterally advancing the President's outline, Kaplan's force, a vocal critic of the government's stance, asserted that "the new agreement between the President and the Prime Minister is one of the most troubling developments we have witnessed. We are committed to resisting unilateral measures that could lead to a dangerous dictatorship. Tonight's demonstration in Jerusalem is a defense of judicial independence and a protest against what we perceive as a Netanyahu dictatorship."

The police reported that some protesters violated the law by lighting flares at the start of the demonstration. During the police response, a woman was arrested on suspicion of igniting a flare, and more flares were confiscated. Additionally, a group of demonstrators briefly blocked the Begin road in Jerusalem, disrupting traffic and posing a risk to the public. Police swiftly intervened, clearing the road and restoring normal traffic flow.

A pivotal day arrived with fifteen Supreme Court judges scheduled to convene at 09:00 to deliberate on the first law passed by the coalition as part of a legal overhaul. The amendment to the Basic Law: The Judiciary, which eliminates the concept of "reason for reasonableness" in government and ministerial decisions, now stands before the Supreme Court.

"Reason for reasonableness" is a concept borrowed from administrative law, whereby courts assess executive authority decisions to determine if they harm citizens. While not formally codified, it has been widely applied in Israel since the 1980s. Notable cases involving this principle include the removal of Aryeh Deri from the interior minister position in 1993 and the disqualification of Deri Malkhan as a minister in the Netanyahu government.

Proponents of reducing the "reason for reasonableness" argue that the judiciary should not interfere in political appointments, including ministerial positions. However, critics, such as Professor Yoav Dotan, contend that the government's approach in the amendment is overly broad and may hinder appropriate oversight of ministerial decisions.

Opponents of abolishing "reason for reasonableness" claim it undermines the separation of powers, allowing the executive and legislative branches to intrude upon the judiciary's role. They also assert that Section 15 of the Basic Law: The Judiciary empowers the High Court to uphold justice in all matters, including this one.

Government Legal Advisor Gali Baharav Miara authored a 147-page position arguing that eliminating "reason for reasonableness" restricts access to justice for those wronged by extreme government actions. She also cautioned that it could lead to unchecked political appointments and compromise elections' fairness.

 

Views

Comments

No comments have been left here yet. Be the first who will do it.
Safety

captchaPlease input letters you see on the image.
Click on image to redraw.

ABOUT IFI TODAY

Lorem ipsum dolor sit amet, consectetur adipisicing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat. Duis aute irure dolor in reprehenderit in voluptate velit esse cillum

Testimonials

No testimonials. Click here to add your testimonials.