Supreme Court Justice Noam Solberg has spoken out against the policy of the court in which he has served in recent years, which he says often interferes with the decisions of the executive branch. “Although the court declares this morning and evening that it does not replace the government’s discretion with its discretion, in practice it seems, on the face of it, that this is actually done,” Solberg said.
The remarks were made at a conference of the Association for Public Law held on Friday, in which the judge attacked the ground of reasonableness which the Supreme Court has been making increasing use of since the judicial revolution. For this reason, a court invalidates laws, decisions, and even appointments of the government or of the Knesset, when it is under the impression that this was done unreasonably, for its part.
“The court does not enjoy a relative advantage, and it is doubtful whether its approach is superior to other approaches,” Solberg said. The use of this pretext is ostensibly beneficial in closing loopholes, which is important in itself, and raising the authority of the authority, but at the same time embarrasses the government and the public and causes uncertainty. It is difficult to predict what the court will decide, what more and what will be banned. “
The senior judge continued his attack on judicial activism, saying that “the court also becomes suspicious in the eyes of the people of the exercise of foreign considerations or hidden thoughts. Good faith in contract law … the trend needs to be reversed. ” According to the seniority system, Solberg is expected to serve as president of the Supreme Court in about a decade.
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