ISRAEL (IINO)
The “Reasonableness” Clause EXPLAINED [35:43] Caroline Glick
07/28/2023 – In my news analysis this week, I went through the uproar over the Knesset’s legislation of constraints on the Supreme Court’s power to overturn policies based on the “Reasonableness Clause.
I explained what the “reasonable clause is,” how it was invented, what the amended law will and won’t do and what it means for the Netanyahu government going forward.
I also described the likely impact of the law’s passage on the leftist insurrectionists in the streets, on the Supreme Court and on the Attorney General.
If you want to cut through the media hype and understand exactly what is going on in Israel’s fight over judicial reform, do not miss this show.
To watch the analysis on YouTube click below.
Jonathan Pollard to receive gun permit after Ben-Gvir intervenes
According to Pollard, he needs the weapon since he feels threatened and travels in dangerous areas such as Judea and Samaria.
Jul 31, 2023, 10:48 AM (GMT+3) – Former Israeli spy Jonathan Pollard is expected to receive a pistol license in the coming day after National Security Minister Itamar Ben-Gvir assisted him.
Minister Ben-Gvir held several special discussions with the professional echelon over the past few weeks to grant Pollard a weapon license.
Since Pollard returned to Israel, he attempted to earn a gun license but was refused by the Public Security Ministry. In addition, a senior Central District Court judge told the former spy that he did not meet the criteria to receive the license.
According to Israeli law, gun licenses are granted to those who need the weapon for work or live in eligible areas such as Judea and Samaria.
Pollard stated, to his defense in an appeal he submitted to the court, that he feels threatened and travels in dangerous areas such as Judea and Samaria.
As far as Minister Ben-Gvir is concerned, the step is called for. Individuals close to the minister stated: “It can’t be that someone who sacrificed his life for Israel and received death threats won’t be granted the basic right to defend himself.”
As mentioned, only after Ben-Gvir’s intervention and many discussions at the minister’s office is Pollard expected to receive a pistol license, barring any last-minute changes.
Related articles:
- Pollard: ‘I told the warden – G-d runs the world, not you’
- Vigilante actions are a result of no counter terror policy
- ‘Esther brought me a right-wing protest shirt to jail’
- ‘Huwara must be destroyed’
[Ed.: It’s not what you know, but who!]
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‘.]
