Next week, on September 28, the High Court of Justice is expected to hold an extended hearing regarding the incapacity law, after an initial hearing was held last month but it was decided to expand the composition to 11 judges. In addition, the High Court of Justice has already issued a conditional order against the law, and demanded an answer from the state Regarding the applicability of the law - will it be immediate or only in the future, in the next government?
The legal adviser to the government, Gali Baharav-Miara, published her opinion and stated that the applicability of the law should be postponed until the next Knesset, in order to avoid suspicion of personal use of the law. Yesterday, Prime Minister Binyamin Netanyahu submitted his position on a petition against the incapacity law and claims that judges do not have the authority to interfere with a basic law, certainly not a law that could remove a prime minister against the will of the voters.
Today (Friday) the Knesset also refers to the High Court of Justice petition and says that there is no room for rejecting the fortification law. "In the opinion of the legal advisor to the Knesset, the arrangement as formulated is better than the incomplete arrangement, that existed on the eve of its enactment, and in accordance with the ruling of the honorable court, the judicial review should be based on the purpose of the law, And not about the motives that led to its legislation. It was also stated in the answer that the amending basic law has no effect on the settlement of the prime minister's conflict of interest and his obligations under it.
"Regarding the remedy regarding the postponement of the date of applicability of the Basic Law, the consistent position of the Knesset's legal advisor is that the establishment of basic laws concerning the relations between the authorities should be done with deferred applicability and behind a veil of ignorance. At the same time, since the legislator has expressly chosen to establish the law that is the subject of our concern with immediate applicability, There is no room to interfere with that."
"The law is balanced, similar in its essence and details to the custody arrangements established for other office holders in Israel, such as the President of the State and the Speaker of the Knesset, and is also similar to the arrangements proposed in the past in this regard. The court has stated many times that the existing law does not prohibit the establishment of constitutional fundamental laws with immediate effect, and therefore there is no reason to prohibit it in the current normative situation." Therefore, the position of the legal advice to the Knesset is that in our case there is no reason to postpone the start date of the corrective fundamental law as established by the legislator, and in particular when it is fundamental legislation, on all the meanings that arise from it."
