On Tuesday, the High Court of Justice denied the government’s request to postpone a crucial hearing regarding the reasonableness law, a central piece of the government’s agenda to reform the judiciary. The court explained that scheduling the hearing with all 15 justices participating left no room for a delay, and it will proceed as planned on September 12.
However, the court did grant the government an extension to submit its response to the petitions, setting a new deadline for Friday. Ilan Bombach, representing the government in the absence of Attorney General Gali Baharav-Miara’s support, had requested this extension, citing the challenge of responding to the lengthy filings within the original timeframe. He suggested that the hearing could be postponed for a month or longer.
The law in question, which has been challenged, prevents courts from reviewing government actions using the judicial standard of reasonableness, which assesses decisions for validity based on key considerations and proper procedure. Opponents argue that this law could jeopardize the independence of senior law enforcement agencies, as it would make it difficult to challenge arbitrary dismissals of officials.
Attorney General Gali Baharav-Miara has refused to represent the government in this case and has called on the justices to strike down the law, claiming that it undermines Israel’s democratic character. This would be an unprecedented move for the court, which has previously hesitated to revoke amendments to the country’s quasi-constitutional Basic Laws.
Supporters of the law, including ministers and coalition members, argue that it is necessary to prevent the High Court from imposing its own worldview on government decisions. They maintain that other tools in administrative law can still be used to oversee the dismissal of senior law enforcement officials.
This law is the only part of the coalition’s broader judicial reform program that has been passed by the Knesset. Like other aspects of the extensive reform agenda, it has faced significant opposition from protest groups and opposition parties.
The tension between Attorney General Baharav-Miara and the government has escalated over various high-profile issues, leading to calls for her removal by several ministers. On Monday, she insisted that Justice Minister Yariv Levin is obligated to convene the Judicial Selection Committee, responding to High Court petitions challenging his refusal to do so. Levin seeks to alter the panel’s composition to give the government more control over judicial appointments. The court later granted Levin’s request to postpone the hearing to September 19, with a response deadline for his petitions by September 10.