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What’s Reasonable? A Debate Over a High Court’s Reach Divides Israel. [1]

['Patrick Kingsley', 'More About Patrick Kingsley']

Date: 2023-07-21

When Israeli Supreme Court judges overruled a decision by Prime Minister Benjamin Netanyahu in January to award the Finance Ministry to an ally convicted of tax fraud, some of the justices used a contentious legal concept to block the move.

The appointment was “unreasonable,” they said.

When judges struck down Mr. Netanyahu’s appointment in 2015 of a new deputy health minister, they used the same legal argument.

Unreasonable.

And the decision by an earlier Netanyahu government, in 2012, to reject a particular candidate for the directorship of the tax authority?

That was unreasonable, too.

It is these kinds of judicial interventions — using the subjective legal concept of “reasonableness” — that are at the center of what is widely seen as the gravest domestic crisis in the history of Israel. Mr. Netanyahu’s coalition is close to passing a new law that would prevent the Supreme Court from using the concept of reasonableness to overturn government decisions.

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[1] Url: https://www.nytimes.com/2023/07/21/world/middleeast/israel-supreme-court-netanyahu.html

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