Did Israel Lose its Sanity?The Struggle over the Reasonableness Doctrine

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The article discusses Israel’s ongoing constitutional crisis centered around the government’s attempt to restrict the reasonableness doctrine, a judicial principle allowing courts to assess whether government actions are reasonable. This effort is part of a broader attempt by Prime Minister Netanyahu’s coalition, which includes extreme political parties, to consolidate power by undermining judicial oversight.

Since January 2023, the government has sought to limit the Supreme Court’s authority, control judicial appointments, and shield government decisions from judicial review. Despite public protests and international condemnation, the government continues to push its agenda unilaterally, prioritizing the dismantling of the reasonableness doctrine.

Supporters of the amendment argue that the doctrine is overly broad, subjective, and allows the judiciary to overstep its role, substituting judicial discretion for executive judgment. Critics, however, emphasize that Israel’s political structure—a parliamentary, unicameral system without strong checks and balances—requires a robust judiciary to protect against government overreach and corruption.

Opponents also point out that reasonableness is a vital tool for maintaining accountability and detecting corruption, especially in a system where courts often cannot conduct full adversarial processes. The removal of the doctrine would likely enable the government to push through controversial appointments and dismiss independent officials without judicial interference.

The effort to abolish the reasonableness doctrine is seen as part of a broader campaign to undo judicial reforms introduced by former Supreme Court President Aharon Barak. If successful, it could pave the way for further erosions of judicial oversight, potentially enabling unchecked governmental power and increasing the risk of corruption.

Despite the government’s actions, Israel’s democracy is not yet lost. The Supreme Court, the Attorney General, academia, and civil society continue to resist. The Court may respond by narrowly interpreting the amendment, developing new doctrines, or even challenging its constitutionality. However, if the bill passes, it would signify a significant escalation in the struggle for Israel’s democratic integrity.

Suggested Citation:

Did Israel Lose its Sanity?: The Struggle over the Reasonableness Doctrine, VerfBlog, July 12, 2023.