The Court's decision on reasonableness

In view of the importance of the Israeli Supreme Court’s recent decision in HCJ 5658/23 Movement for Quality Government in Israel v. The Knesset (the “reasonableness” decision) and the broad interest in this landmark case, we have decided to publish a translation of President (emer.) Esther Hayut’s majority opinion at this time, rather than wait until the completion of the translation of the full 738-page judgment. The translation is available here, along with an abstract of all of the opinions here.

We also note that the Israel Law Review has published a special issue relating to the constitutional crisis that led to the decision in HCJ 5658/23. The issue is available here. Many of the articles are open access and will remain so indefinitely. The special issue includes the following articles:

Yaniv Roznai, Rosalind Dixon & David E Landau, “Judicial Reform or Abusive Constitutionalism in Israel”.

Barak Medina & Ofra Bloch, “The Two Revolutions of Israel's National Identity”.

Daniel Friedmann, “Politics in Legal Disguise”.

Mordechai Kremnitzer, “Releasing the Government from Acting Reasonably; or, the Government Says Goodbye to Reasonableness”.

Manal Totry-Jubran, “Constitutionalising Israel's Constitutional System”.

Tom Ginsburg, “The Long Hand of Anti-Corruption: Israeli Judicial Reform in Comparative Perspective”.

David Kretzmer, “The ‘Constitutional Reform’ and the Occupation”.

Tamar Hostovsky Brandes, “The Constitutional Overhaul and the West Bank: Is Israel's Constitutional Moment Occupied?”

Gábor Halmai, “Is There a ‘Constitutional Moment’ in Israel and Hungary?”

Joshua Segev, “Reforming the Israeli High Court of Justice: Proposed versus Desirable”.

Guy Lurie, “The Attempt to Capture the Courts in Israel”.

Andreas Paulus, “Reflections on Constitutional Adjudication in a Democracy”

Suzie Navot, “An Overview of Israel's ‘Judicial Overhaul’: Small Parts of a Big Populist Picture”.

Yaniv Roznai & Amichai Cohen, “Populist Constitutionalism and the Judicial Overhaul in Israel”.

Yoav Dotan, “Israel's Constitutional Moment”.