Israel Parliament passes “Reasonableness” bill to limit judicial power
Jul 24, 2023
Tel Aviv [Israel], July 24 : Israel's parliament Knesset on Monday passed the “Reasonableness” bill, the first major legislation in the government’s plan to weaken the judiciary, CNN reported. The bill has been passed despite six months of protest against the shakeup of the court system since the country's founding.
The bill in Israel's parliament was passed by a vote of 64-9 with all members of the governing coalition voting in its favour. All the members of the opposition left the chamber when the roll call vote was taking place, according to CNN.
Israeli PM Benjamin Netanyahu arrived at the parliament, the Knesset, shortly after being released from the hospital. The "reasonableness" bill strips Israel's Supreme Court of the power to declare government decisions unreasonable, CNN reported. The bill is the first major piece of the judicial overhaul plan to be passed by the Knesset.
Leaders on Sunday started a marathon debate on it which lasted until the following morning. The overhaul has divided the country, with thousands of people taking to the streets to hold protests against the government's decision.
The judicial overhaul is a package of bills that requires to pass three votes in the Knesset. Netanyahu and his supporters have said that the judicial overhaul is meant to rebalance powers between the branches of government. Meanwhile, critics said it poses a threat to Israel's democracy and the independence of the judiciary.
The reasonableness doctrine is not unique to Israel’s judiciary, the report said. The principle is used in a number of countries, including the UK, Canada and Australia, as per the CNN report. The standard is commonly used by courts there to determine the lawfulness of a given legislation and enables judges to ensure that decisions taken by public officials are "reasonable."
This year, the standard was used when Netanyahu dismissed key ally Aryeh Deri from all ministerial posts. He took the decision in compliance with an Israeli High Court ruling that it was unreasonable to appoint him to positions in government due to his criminal convictions and because he had said in court in 2022 that he would retire from public life.
Other elements of the overhaul will give the government more control over the appointment of judges and remove independent legal advisors from ministries. Those bills have not yet advanced as far in the legislative process as the reasonableness bill.
Benjamin Netanyahu and his supporters have stressed that Israel's Supreme Court has become an insular, elitist group that does not represent the Israeli people. According to them, the apex court has overstepped its role, getting into issues it should not rule on.
Defending his plans, the Israeli PM has pointed to nations like the United States, where politicians control which federal judges are appointed and approved, CNN reported. Critics have argued that Netanyahu is pushing the overhaul to protect himself from his own corruption trial. Notably, Benjamin Netanyahu denies any wrongdoing.
Another bill which has been voted through in March makes it more difficult for the sitting PM of Israel to be declared unfit for office, restricting the reasons to physical or mental incapacity and requiring either the prime minister themselves or two-thirds of the cabinet to vote for such a declaration.