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Israeli Judicial Overhaul: ‘Reasonableness Standard’ Bill Advances to Plenum for Final Readings

After a contentious late-night vote on Wednesday, the Israeli parliament’s Constitution, Law and Justice Committee has approved a disputed judicial reform bill. The “reasonableness standard” bill, which passed with nine votes in favor and seven against, will now advance to the plenum of Israel’s parliament, the Knesset, for final readings.

The reasonableness standard is a common law doctrine that permits the judicial review and potential overruling of government decisions deemed exceptionally unreasonable.

The legislation would restrict the ability of courts to use this standard in their judgments against government administrative decisions, including inaction.

Critics of the bill argue that it undermines judicial independence, removes one of the only checks on the power of the executive and legislature, endangers Israeli citizens’ rights and security, and potentially opens Israelis to jurisdiction by the International Court of Justice.

Member of Knesset Gilad Kariv (Labor) accused committee chairman Simcha Rothman of endangering Israeli soldiers. MK Yulia Malinovsky (Yisrael Beitenu) decried the bill as a threat to the basic rights and security of Israeli citizens.

Despite marathon voting sessions and allegations of voting irregularities from the opposition, the bill advances as Knesset Legal Adviser Sagit Afik found no voting flaws that required redress.