Sunday, July 23, 2023

After mass protests in March, Israel’s far-right and religiously conservative governing coalition suspended its broader plans to overhaul the judiciary, which seek to allow Parliament to overturn Supreme Court decisions and give the government more control over the selection of judges.

 Those suspended broader plans are a dire threat to the rule of law.

For the time being, the coalition is only proceeding with legislation that would limit the court’s use of the subjective legal concept of “reasonableness” to countermand decisions by lawmakers and ministers.

Reasonableness is a legal standard used by many judicial systems, including Australia, Britain and Canada. A decision is deemed unreasonable if a court rules that it was made without considering all relevant factors or without giving relevant weight to each factor, or by giving irrelevant factors too much weight.

Notice they didn't include the U.S., which is telling since reasonableness as a legal standard is an American creation, specifically that of Oliver Wendell Holmes, Jr. The standard for judicial oversight in the colonies is not reasonableness, that is WAY to lax a standard, it greatly impedes the continuity of the law, retards the predictability of law which other segments of society, from criminals to business people, depend upon to organize their activities, and upsets the balance of power between the executive and the judiciary, elevates, in fact, the judiciary over the executive. Were I Israeli, thank G-- I am not, I would no more want rule by judicial fiat than I would rule by executive fiat, which is what the "suspended plans" would amount to.