At its heart is the question of when the Supreme Court can “reasonably” overrule the government
. Powerful religious groups who saw matches on the Sabbath as a desecration of Jerusalem’s sanctity had blocked the project but at last ground could be broken. One obstacle remained. The acting interior minister, Arye Deri, an up-and-coming ultra-Orthodox politician blocked the land-use change. Teddy Kollek, the city’s mayor, took him to court. In January 1989 the Supreme Court ruled that Mr Deri had acted “in an unreasonable way”.
The reasonableness standard has affected decisions in almost every area of Israeli politics. It was used by the Supreme Court in 1989 to force the army to put on trial a colonel who ordered his soldiers to beat up Palestinian detainees. The following year the court invoked it to direct the attorney-general to charge bankers with share manipulation. In 1993 the court again took on Mr Deri, ruling that he could not remain interior minister after being indicted for corruption.
Mr Barak was not the first to invoke the reasonableness standard but he greatly extended its scope. He was admired by many who, like him, believed that in the absence of a written constitution and bill of rights, it was up to the Supreme Court to protect individual rights and the public interest. Others criticised him for extending the court’s powers without authority.
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