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PeakMetrics / Fact Checks

Politics & government fact checks

Explore claims publishers have checked about politics & government. Read their original ratings and follow the evidence.

12,745 published reviews in this topic

המשרוקיתPolitics & government

במאמר של סולברג על עילת הסבירות לא כתוב... שלא תהיה ביקורת שיפוטית על מינויי ממשלה

Publisher’s rating: מטעה

The claim concerns whether Justice Noam Solberg’s essay on the reasonableness doctrine says there should be no judicial review of government appointments. The investigation compared Malinovsky’s statement with the essay, which appeared in the journal “Hashiloach” in 2020 and was based on a 2019 speech. It notes an important qualification: Solberg did not expressly discuss government appointments. But the article argues that reading only for an explicit reference misses the substance of his proposed distinction between elected officials and professional officials. As quoted in the investigation, Solberg argued that broad substantive-reasonableness review does not fit decisions by elected officials—such as the government, ministers and local-authority heads—because those decisions generally reflect policy or value judgments. He contrasted these with professional officials’ decisions, for which he said such review may be justified. The investigation therefore treated his position as proposing less use of the doctrine for decisions by elected officials, a category it says includes appointments, even though the essay did not spell out that application to government appointments. The article also reports that Solberg raised the status of senior officials appointed by the government as an open question: they are professional officials, but their decisions resemble those of elected officials. It says his essay referred to a survey by Justice Daphne Barak-Erez that included rulings concerning appointments. The investigation’s conclusion was that Malinovsky’s wording creates a misleading impression: the essay does not explicitly say there should be no review of government appointments, but its proposed distinction bears on that issue. The article further cautions that there was no formal “Solberg plan”: Solberg had not drafted a bill or expressed support for a legislative change.