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June 15, 2020

The Israeli Supreme Court’s Unreasonable Doctrine of “Reasonableness”

What laws will it overturn next?

Since the tenure of Aharon Barak as its chief justice, Israel’s highest court has arrogated to itself broad powers to overturn legislation and intervene in various aspects of public life, based only on its evaluation of the “reasonableness” of any particular measure. To David M. Weinberg, the concept of “reasonableness” has become an “authoritarian” tool that “allows high-court justices to apply elastically their own sensibilities; to re-engineer Israeli society—in their enlightened image, of course.” He notes how arbitrary this standard has become in recent cases, and its implications for those cases that the court will soon hear:

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