Reflections on “Reasonableness”

It has been hard for me to articulate how I feel and what I think about the situation in Israel, especially since I just returned from visiting my family there. But even though it is difficult I am grateful for the opportunity to share my thoughts. I look forward to hearing yours, too.

The idea of a robust and fair judicial system as the backbone of a thriving democracy resonates strongly with me. It is essential for any society to have trust in the courts and their ability to uphold the rule of law without any bias or political interference. However, the judicial overhaul happening right now in Israel has raised red flags in my mind, making me question whether we are moving in the right direction. As an Israeli citizen, I am deeply concerned about the future of Israel’s democracy and the principles it upholds. While I acknowledge the importance of periodically reviewing and improving our institutions, I fear that the proposed changes may have far-reaching consequences that could undermine the very essence of justice and fairness.

Yesterday’s passage of the “reasonableness law” by the Knesset (Israeli parliament) is troubling to me. In the simplest terms, the previous reasonableness standard allowed courts to overturn policies when the government couldn’t prove its decisions were made according to basic standards of fair and just policymaking. The new law eliminates that, allowing Israel’s parliament members to overturn court decisions.

While the name itself may sound benign, the implications of this law could be anything but reasonable. I worry that it opens the possibility for political interests to influence the judiciary’s decision-making process.

The ongoing debates surrounding the judicial overhaul have exposed deep divisions within Israeli society. It is disheartening to witness how this issue has become highly polarized, with differing opinions clashing in ways that could hinder constructive progress. In such a critical matter, it is essential for Israeli leaders to come together and engage in respectful dialogue to find common ground.

The implications of these reforms on the fundamental principles that define Israel’s democracy are profound. It is a moment that calls for serious reflection and introspection. Will these changes lead to a more efficient and just legal system, or will they undermine the very values that have shaped Israel?

One of the reasons this has been hard to write is that I am still experiencing a mix of concern and hope—I have been inspired by the passion Israelis have displayed about the future. I hope that decisionmakers will approach this matter with utmost responsibility, considering the long-term consequences of their actions. The collective effort to protect the sanctity of the Israeli legal system will determine the course of justice and democracy in our beloved Israel.