Legal Drama

The Attorney General: The reduction of the Clause of Reasonability should be disqualified

Towards a legal drama: Gali Baharav-Miara publishes her position regarding the Clause of Reasonability and claims that it should be repealed: "a fatal injury to the foundations of the regime"

Legal Advisor to the Government Gali Baharav-Miara (Photo: Natan Weil, Government Press Office)

Leading up to the upcoming Supreme Court hearing on the reduction of the Clause of Reasonability next Tuesday, today (Sunday), the government's legal advisor, Gali Baharav-Miara, publishes her opinion: "In accordance with the benchmarks set in the ruling, the government's legal advisor believes that there is no choice but to declare its revocation."

The government's legal advisor argues in her response that, for the first time in the history of the State of Israel, the authority of the High Court of Justice to hear and provide relief to individuals and the public has been stripped, in accordance with its independent judicial discretion. This occurs precisely in a sensitive and vital context like no other, in terms of judicial oversight of the actions of those at the head of the executing authority.

"The amendment closes the doors of the courts to any individual or group," writes the government's legal advisor, "who has been harmed by the fact that the government or any of its officials acted towards them with extreme unreasonableness, in any context whatsoever. In doing so," it was explained in the response, "a crucial means of defending oneself against arbitrary exercise of power has been taken away from the public and not for the public's benefit."

The Attorney General: "The Clause of Reasonability Law inflicts a severe blow to the foundations of the democratic system"

In conclusion, the Government Legal Advisor argues that due to the severe damage caused by the amendment to the public, its grave consequences on the separation of powers, the rule of law, and individual rights, it represents an extraordinary situation in which the amendment inflicts a severe blow to the foundations of the democratic system. Therefore, according to the legal standards established in the ruling, the Government Legal Advisor believes that there is no choice but to declare its nullification.

The Supreme Court and the Knesset (Photo: Nati Shohat/Flash 90)

As previously mentioned, next week, the Supreme Court will deliberate on an appeal filed against the reduction of the Clause of Reasonability. The discussion will be held with the historic composition of all 15 Supreme Court justices. The central focus of the debate and the public controversy surrounding it is whether the Supreme Court will proactively intervene in amending a fundamental law that was approved by the Knesset and potentially nullify the reduction of the Clause of Reasonability.

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