Explained | What is the ‘reasonableness’ doctrine at the heart of Israel’s judicial overhaul? Premium

Israel’s governing coalition passed a critical part of its judicial overhaul plan to curb the Supreme Court’s powers to review government decisions. We examine the changes and what the ‘reasonableness’ doctrine is

The story so far: Israeli lawmakers on July 24 approved a key portion of Prime Minister Benjamin Netanyahu’s divisive plan to reshape the country’s judiciary by passing a controversial legislation that prevents judges from striking down government decisions on the ground that they are ‘unreasonable.’

The development comes amid massive protests against the proposed overhaul. Proponents believe that the sweeping reforms would allow more effective governance while still leaving the Court with other standards of judicial review, such as proportionality. Critics however say that without judicial oversight, the drive would upend the country’s democratic checks and balances, weaken the Supreme Court, and concentrate power in the hands of Mr. Netanyahu and his parliamentary majority.

After seven months of debate, the government managed to scrap the ‘reasonableness’ doctrine with a final vote of 64-0. Every member of the coalition voted in favour, while opposition lawmakers abandoned the Knesset (Israel’s Parliament) plenum in protest.

The amendment will prohibitcourts from using the doctrine to review decisions made by the cabinet, government ministers, and unspecified ‘other elected officials, as determined by law’, but would continue to allow the use of the doctrine for decisions made by professional civil servants in government ministries and agencies.

A day after the passage of the contentious law, the Supreme Court announced that it would hear petitions challenging its constitutionality in September. It, however, refused to pass an injunction to freeze the law in the meantime.

Israel does not have a written constitution. The country is governed by a set of laws on various subjects such as land, President, government, economy, and judiciary. These laws are called the country’s Basic Laws and function as the country’s constitution.

The power to review the legality or ‘reasonability’ of laws is analogous to the power of judicial review vested with Indian courts. There is no law defining judicial review powers, and the grounds for judicial intervention in administrative affairs have been promulgated through court rulings.