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Home Hot Topic AG Urges Court to Invalidate Law Scrapping Reasonableness Test

AG Urges Court to Invalidate Law Scrapping Reasonableness Test

by Cecilia

Attorney General Gali Baharav-Miara Urges High Court to Invalidate “Reasonableness” Law, Potentially Marking a Historic Rejection of Legislation Amending a Quasi-Constitutional Basic Law in Israel.

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In response to petitions challenging the law, the Attorney General has opted not to defend it, asserting that this law, for the first time in Israel’s history, strips the High Court of its authority to provide legal remedies to individuals or the public.

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According to the Attorney General’s Office, the law effectively bars access to the court for anyone who may suffer harm due to extremely unreasonable actions by the government or its ministers, thus denying the public an essential means of defending against arbitrary exercise of government power.

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The response contends that the law undermines the separation of powers, the rule of law, and individual rights, posing a significant threat to the foundations of the democratic system, and thus, it should be nullified.

This legislation restricts the High Court from overturning government and ministerial decisions based on claims of unreasonableness. Unreasonableness could encompass scenarios where relevant considerations were not adequately considered, the weight of considerations in decision-making was inappropriate, or improper factors influenced the decision.

Notably, this is the second instance in which Baharav-Miara has distanced herself from the government she ostensibly represents. Previously, she called on the court to invalidate a Basic Law preventing the court from compelling a prime minister to recuse themselves from office.

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