Herzog framework would end High Court test of reasonableness to restrain government
Jeremy Sharon is The Times of Israel’s legal affairs and settlements reporter
The “People’s Framework” proposed by President Isaac Herzog would bar the High Court from using the judicial test of reasonableness to reverse government resolutions and policy decisions, and the appointment of ministers.
This has been a key complaint of the right-wing against the judicial system, most notable in the High Court’s recent decision barring Shas leader Aryeh Deri from ministerial office.
The court would still be able to use the reasonableness test regarding ministerial policy decisions, and over the actions of other state institutions and agencies, such as local municipal councils and state authorities.
Herzog’s plan would also enshrine in Basic Law: Human Dignity and Liberty the right to equality and prohibit discrimination, as well as the rights to freedom of expression, opinion, protest, and assembly which are not explicitly protected in Israel’s Basic Laws.
A process for drafting a constitution would also be initiated and a bill of rights drawn up “through broad consensus.”