After the passage of the law to abolish the grounds of reasonableness: the 30th week of protests against the legal revolution (Walla system!)
Attorney General Gali Baharav Miara submitted to the High Court of Justice today (Sunday) her position on a petition filed against the cancellation of the grounds of reasonableness, and ruled that the amendment to the Basic Law that eliminated the grounds of reasonableness should be invalidated.
The attorney general argued in her response to the court that "the amendment locks the gates of the courts to any person or group that has been harmed by the fact that the government or any of its ministers acted against them with extreme unreasonableness, in any context." In addition, the advisor said that "this is an exceptional situation in which the amendment severely damages the foundations of democratic governance," and that "there is no choice but to declare it null and void."
According to the Attorney General, "For the first time in the history of the State of Israel, the High Court of Justice was deprived of the authority to hear and provide relief to the individual and the public, in accordance with its independent judicial discretion; And this is precisely in the extremely sensitive and vital context of judicial review of the actions of those who head the executive branch."
"This is an exceptional situation in which the amendment severely damages the foundations of democratic governance." Baharav Miara (Photo: Reuters)
Another reason cited by the attorney general in her position is that the amendment, in her opinion, "locks the gates of the courts to any person or group that has been harmed by the fact that the government or any of its ministers acted against them with extreme unreasonableness, in any context whatsoever." Thus, the reply explained, "the public has been deprived of a very important means of defending itself against the use of governmental power arbitrarily and not in the public interest."
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