What is the Rabbi's opinion on the High Court's ruling to annul the law to reduce the grounds of reasonableness?
לגלות עוד מהאתר הרב מיכאל אברהם
Subscribe to get the latest posts sent to your email.
0 Answers
My opinion is that this is a very, very problematic judgment.
I tend to agree that in extreme cases the court has the authority to overturn basic laws for various reasons. But I really don't see why this case is extreme enough. It is possible to overturn problematic decisions on other grounds, and I haven't seen an example of a clearly problematic decision that only reasonableness can do.
Beyond the problematic nature of the ruling itself, the fact that it was given by a majority of 8 to 7 is doubly problematic. If there is clearly a problem here, it cannot come from a majority of 8 to 7. We see the dependence on the composition of the court; if one had been different, the result would have been different. This is a really excellent reason to change the appointment of judges.
And at this time, not necessarily the war, but the public rift over the past year around the separation of powers, it's a really stupid decision in my opinion.
I think this ruling has revived the legal reform of the late Rabbinate. Now we will hear again about the override clause, about appointing judges, and this time it seems that it will be with obvious justification.
לגלות עוד מהאתר הרב מיכאל אברהם
Subscribe to get the latest posts sent to your email.
השאר תגובה
Please login or Register to submit your answer