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Reason for concern for Netanyahu: The composition that will discuss his ability to form a particularly activist government Israel today

2019-12-24T14:20:15.918Z


political


Supreme Court will discuss PM's ability to resume office after indictments against him • This will be the first time the High Court will intervene in the most significant issue of the government - who heads it • The three elected judges - President Hayes, Waiter and Vogelman - are considered particularly activist

  • Activist and Liberal Composition. Animals, Vogelman (above) and waiter // Photo: Oren Ben Hakon, Yossi Seliger

Next Tuesday, the High Court will convene to discuss one of its dramatic debates since the establishment of the state. For the first time, it will have to address whether Prime Minister Benjamin Netanyahu is capable of his current legal situation and, after he has been indicted on serious corruption offenses, to form a government.

It is impossible to overstate the High Court's decision on this matter here and there. A decision that Netanyahu could put together a government like that of a legal kosher stamp, at least until a convicted convict. And, of course, if the judges decide that Netanyahu cannot form a government in this situation, it is an earthquake.

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This will be the first time the High Court intervenes in the most significant issue of the government - who heads it, even though the existing law leaves a prime minister to serve until after a convicted conviction. How can the judges judge the law? Through a legal interpretation of the "reasonableness" issue. The judges' insistence on discussing the issue as quickly as possible, before the election, has significance.

Attorney General Avihai Mandelblit tried to evade his opinion, but the High Court demanded it, and he is expected to deliver the opinion by Sunday. Mandelblit has already said that this involves many legal difficulties.

More on:
• The High Court decided: On December 31, the hearing will be held on whether Netanyahu is allowed to form a government

Send: "It is better that the Jets do not reject Netanyahu"

• Mandelblit: I will not intervene now on the issue of Netanyahu's ability to form a government

• If the High Court disqualifies Netanyahu - an investigation will be required

The issue of the composition of the judges who will discuss the dramatic decision is equally important. In a rather puzzling way, the High Court will discuss a matter of ordinary composition, that is, three judges and not an extended composition of seven, nine or 11 - as is the case with much less important principles and sentences. It is equally interesting that these three judges are considered to be especially activist and liberal. Netanyahu certainly has something to worry about.

Legal officials believe that this is because the president, Esther Hayes, wants to reach a unanimous decision and favors activists with an activist approach to coordinate it, which will make it difficult to achieve in expanded ensembles with judges with diverse worldviews.

The activist president who controls the government

The composition will be chaired by Supreme Court Justice Esther Hayot. Animals is known for its activist approach that continues its enlightened predecessor. She is not afraid to intervene, even on the most sensitive government issues, and has sharply criticized the government and Justice Minister Amir Ohana for his attempts to balance the power of the system.

It was only last October that the Minister made a statement that could not be interpreted in two ways: "Such days require us all to stand firm and do our job fearlessly, responsibly and with discretion, as those who are committed to the rule of law, to keeping it and to strengthening its status," she said.

It should be noted that the influence of the President is tremendous, even in the selection of the number of judges, their names, and even though they are independent thinkers, in her opinion has an effect on the spirit of the court.

Esther Hayes // Hertzi Shapira

The left-wing sub-past who opposed the disengagement

Hanan Meltzer's political views can easily be learned because of his rich political past. He began joining the DS party in 1977, which introduced a political platform from the left, claiming that one and a half million Arabs in the Occupied Territories should not be controlled and expressed a willingness for territorial compromises. He was also one of its opponents for joining the party in the wake of the 1977 revolution and later became a change party.

On public radio broadcasting programs in 1979, Meltzer expressed himself as seeking to bring public transportation on Saturday and civil marriage. At the same time, he was also the attorney general of the Reform Movement.

Hanan Meltzer // Photo: Oren Ben Hakon

A year later, the camp's attorney general led by the late Yitzhak Rabin in the Labor Party and even ran in the preliminary elections to determine the Knesset work list. In 1996, he was used as chairman of the party's constitutional committee. After opening a private office in 2005, he represented business owners against the disengagement plan, claiming it was an illegal government decision.

Waiter was one of the first lawyers from the private market to be appointed as judges of the Supreme Court, and certainly the first to do his business there. As a judge he is considered, perhaps because of his defense attorney's move from Hillel. This was the case with the extradition of two Israeli citizens who were suspected of drug trafficking and extradited to France in February 2014. Meltzer's opinion, which was a minority, was not to be extradited because of delays and protection from justice.

He also did not always see eye to eye with the position of Judge Hayim. For example, in June 2017, he objected to the acquittal of a convicted person in the district court based on a police confession when the victim of the offense denied that the incident included an incident. He even quoted Maimonides as saying in the judgment "and it is better and more desirable to dismiss a thousand sinners, than to kill one clean one someday."

The judge who passed the anti-infiltration law and frozen the demolition of terrorists' houses

Unlike Judge Meltzer, Judge Uzi Vogelman has worked his way through the establishment justice system. First in the State Prosecutor's Office (in the Criminal Department and the High Court) and then as a judge in the Tel Aviv District Court and even a candidate for Attorney General.

Judge Vogelman's thinking is emphasized that, according to the seniority system currently used in the Israeli judicial system, according to which the Supreme Court President is the most senior judge, Justice Vogelman should be appointed Supreme Court President after the resignation of Justice Esther Hayes in 2023.

Vogel, like the rest of the band, is also considered activist and liberal, perhaps even more than a waiter. This was the case in October 2014 when he, alongside other judges, rejected the amendment to the Prevention of Infiltration Law and ordered the closure of the Sands facility. The same was true in the slander suit filed by Capt. R. against journalist Ilana Dayan and the plan worked there established the principle of journalistic responsibility and ruled that Dayan adhered to it.

Uzi Fogelman // Photo: Oren Ben Hakon

In November 2019, in a minority opinion, he sought to allow Palestinians staying in Israel for family unification to fly through Ben Gurion Airport, contrary to the defense establishment's position. In his ruling at the time, he wrote that "a basic rule is that even in the war on terror, the State of Israel itself limits itself to action under the law. Maintaining the rule of law and recognizing individual freedoms are an important component of Israeli democracy. "

His past includes many other interruptions in the same spirit. Thus, a minority opinion held that the state did not have the authority to hold terrorist bodies for negotiations, eliminating the prohibition of using Route 443 for Palestinians in 2009 and even provoked a storm in October after freezing demolition of terrorists' houses.

Source: israelhayom

All news articles on 2019-12-24

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