The High Court of Justice in Israel is reportedly on the brink of nullifying the contentious reasonableness limitation law, a component of the government’s recent judicial overhaul initiative. In a potentially groundbreaking decision, a leaked report from Channel 12 news suggests that the 15-member bench is evenly divided, with eight liberal justices favoring the annulment of the law and seven conservative justices opposing it.
This potential ruling is stirring significant controversy as the reasonableness law, passed earlier this year, amended one of Israel’s quasi-constitutional Basic Laws, which the court has never previously invalidated. The government and legal conservatives argue vehemently that Basic Laws are not subject to judicial review.
The reasonableness law prohibits all courts, including the High Court, from deliberating and ruling against government and ministerial decisions based on the judicial standard of reasonableness. This standard has historically allowed the High Court to overturn government decisions in specific situations.
Labor MK Gilad Kariv, a vocal critic of the reasonableness law and the broader judicial overhaul, denounces the leaked ruling, describing it as a “disgrace” that inflicts “mortal harm to the Supreme Court and to Israeli democracy.” Kariv points to the Movement for Governability and Democracy, a conservative think tank led by judicial overhaul architect MK Simcha Rothman, as a potential source of the leak.
The Judicial Authority spokesperson’s department issues a response, emphasizing that the drafting of the ruling is still underway. The statement expresses a severe view of unauthorized leaks and refrains from providing further comments until the completion of the writing process.
The leaked decision has ignited a fierce debate over the future of the reasonableness law, further highlighting the tensions surrounding the ongoing judicial reforms in Israel.