Unreasonableness, Balance of Interests and Proportionality
|2.||Balance of Interests|
In recent years, the Supreme Court of Israel has developed three separate grounds for reviewing administrative action: 'unreasonableness', 'balance of interests', and 'proportionality'. While balance of interests and proportionality were once considered mere instances or sub-categories of the more inclusive standard of unreasonableness, this approach no longer reflects the law in Israel. Balance of interests and proportionality have developed into separate grounds of review. This article considers the distinct features of each of these three grounds of review.
Unreasonableness is an established ground of review which has been developed and defined through the case law. An administrative decision is unreasonable, according to the case law, if it is capricious or arbitrary, manifestly unjust, made in bad faith, or oppressive. The case law has stated, by way of definition, that an administrative decision can be found unreasonable if it is so unreasonable that no reasonable authority could____________________