Reasonableness will be eliminated? Rothman clarifies: "From a legal point of view it is more correct"

Prime Minister Binyamin Netanyahu gave an interview to the Wall Street Journal and said that he removed the surrogacy clause from the legal reform. The Chairman of the Constitution Committee MK Simcha Rothman (Religious Zionism) responded to this in a conversation with Roni Bar-On and Aryeh Eldad on 103fm.

"I think we are making progress in the reform according to the plan that the heads of the coalition determined and decided on," he said. "We accept the reason of reasonableness. The subject of the increase was already placed on the plenary table for the first reading even before that stop, I very much hope that if we do both the reason of reasonableness and, as Netanyahu said, we change the method of selecting judges, the committee in its current composition – it has no right to exist ".

"If there is a committee with a new composition, which is better than the situation today, we will have to explain the judicial review and the review of laws. We will reach them gradually, responsibly, with agreements if there is someone to work with. If there is no one to work with, we need to reach it with responsibility and moderation, regardless of that There is no one to work with. We are responsible for fixing the problems. There is no real disagreement here, they take something that was in Gideon Sa'ar's platform and they shout 'the end of democracy'. There is really no disagreement here on the question of what needs to be done."

Regarding the reason for reasonableness, Rothman said: "The thinking today is that there is only one way to conduct a judicial review, and that is the reason for reasonableness. Since you are a much more experienced lawyer than I am, you know that this is not the case, there are dozens of reasons that exist in administrative law. When it comes to appointing CEOs there are laws, regulations and procedures and you need to show threshold conditions for acceptance to the position."

Finally, the Chairman of the Constitution Committee was asked: "What remains of the reason for reasonableness after the reduction?" He replied: "Every decision, both a minister's and an official's, can and should be subject to administrative review. The reason of reasonableness comes and says that when the decision is 100% legal and does not violate human rights and equality, and was conducted according to all the rules and procedures, only then does the court come and say that the result is wrong. The result in this thing is called authority without responsibility and everyone understands that it has no equal in the world and there is no justification for it. We managed to defeat all the Arab armies without the reason of reasonableness."

He explained and claimed: "No one is proposing to cancel the reason for reasonableness, the version that is now on the table is a reduction. An opponent has proposed to cancel the reason for reasonableness completely and he is right, from a legal point of view it is more correct."

On the possibility of a Pritetic Committee, consisting of half the coalition and half the opposition, he said: "Whoever proposed a Pritetic Committee first, at the present time, is the one in the outline of Friedman and Bashan. They called it the 'comfort box' and it was intended to create reflection and balance in the court of Israeli society. When the proposal was placed on The table, both I and Yariv Levin said that we don't like her, but are ready to enter into negotiations."

He concluded: "We understand the need for diversity and the need and fear of preventing a certain political party from taking over the court. Even before the talks and the riots stop, we are committed to three things: to diversify the Supreme Court, regardless of whether the right won or not in the elections; Lower the veto for judges; the court needs to be diversified and mechanisms should also be created that I am in favor of, introducing mechanisms that will prevent takeovers."

Assisted in editing the article: Shay Idler 103FM