The petition demanding the cancellation of the appointment was rejected for several reasons, including the fact that it was based on the court's opinion • In addition, the High Court ruled that an undesirable minister's replacement at this time
The Supreme Court on Thursday rejected a petition against the appointment of Knesset Member Naftali Bennett as defense minister. As part of the ruling, the court required the scope of the government's transition to appoint ministers, due to a controversy over this issue between the Attorney General and the Legal Advice to the Knesset.
The High Court has held that although the appointment of Knesset Member Bennett as defense minister in the post-election period for the 22nd Knesset and during attempts to form a government is difficult, there is no need to cancel the appointment, as the petition requires.
Defense Minister Bennett refers to Iran's establishment in Syria // Photo: Tal Oz, Ministry of Defense
The judge listed a number of reasons for rejecting the petition, including the fact that the appointment was made on the basis of a legal opinion on which the Attorney General relied, stating that there was no motive to make the appointment.
Secondly, at this stage, the court has ruled, the replacement of a minister in the Ministry of Defense is undesirable, especially given that the prime minister who previously held this position has, in the meantime, undertaken in a different process before the Supreme Court that he ceases to serve in all his positions as minister.
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The court went on to say that in light of the temporary provision that limits the number of ministers in the Basic Law: The government will not apply to a government established in the Knesset, the current transitional government may exceed the limit on the number of ministers it can appoint.
However, he stressed that it would not be possible to accept a procedure whereby a transitional government, which does not enjoy the Knesset's trust and is therefore committed to restraint and restraint in its conduct, will utilize its authority and increase the number of members of the government without sufficient Knesset approval.