Public Law in Israel

By Itzhak Zamir; Allen Zysblat | Go to book overview

SECTION 9: JUSTICIABILITY AND STANDING

22
Standing and Justiciability
SHIMON SHETREET*
1. The Right of Standing prior to the Ressler Case
2. Lack of Justiciability prior to the Ressler Case
3. The Ressler Case
4. The Development of Case Law in the Wake of the Ressler Case
5. Observations

The judgment in the Ressler case,1 delivered nearly ten years ago, was a turning point in the development of judicial review of the Administration as regards questions of standing and justiciability. The judgment also complements developments concerning the plea of unreasonableness, an area which has broadened considerably in recent years.2


1. The Right of Standing prior to the Ressler Case

The traditional approach of the Supreme Court (sitting as a High Court of Justice) was to demand that, in order to establish a right of standing, a petitioner would have to show possible harm to a direct and material personal interest.3 Over the years the circle widened. The Court recognized the

____________________
*
The author is indebted to Ms Ayelet Yavin and to Mr Guy Pessach for their help in preparing the manuscript for print.
1
HC 910/86 Ressler v. Minister of Defence ( 1988) 42(2) PD 441 (excerpted in this section).
2
See S. Shetreet, Justice in Israel ( Martinus Nijhoff, Dordrecht, 1994). Note the spread of judicial review of Knesset decisions and laws, ibid.425-47. Note also the spread of judicial review of government and other executive decisions: ibid.382-9.
3
See HC 600/75 Koren v. Minister of Defence et al. ( 1975) 30(1) PD 514, 515; HC 287/69 Meron v. Minister of Labour et al. ( 1970) 24(1) PD 337, 343.

-265-

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