ISRAEL (IINO)
Doing Away with the Standard of Extreme Unreasonableness By: Prof. Amichai Cohen, ISRAEL DEMOCRACY INSTITUTE
22.6.23 – The coalition is currently seeking to advance a legislative amendment that will prevent the Supreme Court from annulling (or striking down) decisions of the government, individual ministers, and other elected officials (such as mayors) it finds to be “extremely unreasonable.”
What is the standard of extreme unreasonableness?
In Israel, there is no law defining judicial review powers over decisions made by the executive branch. Thus, the grounds for judicial intervention in administrative affairs are “common law” standards declared in decisions of the courts. These grounds entail the examination of three aspects of decision-making by the executive branch:
(1) Did it have the authority to make such a decision?
(2) Was a proper procedure for decision-making adhered to?
(3) Were appropriate considerations applied?
This final criterion refers to an examination of whether decisions were made in good faith, in an egalitarian and proportionate manner, void of improper considerations, and while respecting human rights. Similarly, the executive branch is also required to act in a reasonable manner.
The obligation to act with reasonableness means that the administration must assess all relevant considerations, assign the appropriate weight to each, and maintain the balance among them. Giving far too much or far too little weight to a particular consideration can result in significant flaws in administrative decisions.
[Ted Belman: With the removal of the extreme reasonableness standard, the government can do what it wants. If there is a law standing in its way, they can amend the law. The HC then would have no basis to overrule it. This is not a good thing. So the choice is, do you want an unfettered government or do you want oversight by the Supreme Court, even a left wing one? The latter option is more palatable if you stack the selection committee to ensure that a majority of judges are conservative. But this can change with a change in government. At least the government can be held accountable by the people whereas the Court cannot. Standard of Extreme Unreasonableness
Israel’s Recent “Unreasonableness Amendment” and its Implications. Law Profs Forum]
[Ed.: Trust that IINO would follow a concept called “Standard of Extreme Unreasonableness.” We also have “Basic Law”. (may God help us). All of this is mere Babel so long as Israel has no Constitution. Musloid nations have these thingies called ‘Constitutions’, and they are based in the Karan. But We have God’s own Law Book, and we somehow cannot configure a Constitution for our Jewish State! Think about that! It brings to mind ‘The Wise Men of Chelm‘.]
