While serving as a lawyer, Meni Mazuz stated: "There is no substantive legal restriction on the powers of a transitional government." • But last week, when he froze the appointment of Attorney Ben Ari to the State Attorney General, Supreme Court Judge Mazuz already sounded different

• Supreme Court Judge Manny Mazuz // Photo: Noam Rivkin Fenton

Can a transitional government decide on appointments to senior positions, or are its powers limited? Depending on who is asked: Manny Mazuz during his tenure as Attorney General during the Olmert era, or Mazuz in his current role as a Supreme Court judge.

Previously, while serving as Attorney General, Mazuz stated that there was no substantive legal restriction on the powers of a transitional government.

But last week, Mazuz - now a judge in the Supreme Court - issued an order freezing the appointment of Attorney Orly Ben Ari-Ginsberg, Justice Minister Amir Ohana's nominee for acting attorney. Reason: She was appointed by a minister in the transition government.

In 2008, Mazuz's opinion on the principle issue was quite different. "The court ruled that there is no formal restriction on the authority of a transitional government in the Basic Law or in the constitutional practice, and that constitutional law in Israel does not recognize a special doctrine that the transitional government's powers are limited to 'regular operation'," wrote Mazuz, who based the ruling. Weiss, given by the composition of the top seven judges led by President Aharon Barak, however, Mazuz noted that the prime minister and ministers in the transition government are expected to "act in restraint" in exercising their powers on non-urgent matters.

Run or wait

Against the background of the current political and legal reality, this opinion is of special significance. Recently, officials in the justice system and the left claim that the government lacks authority to make decisions in many areas, including a temporary deputy to the state attorney, a permanent commissioner of police, etc. In his opinion, Mazuz allowed Olmert's transition government to move forward in the political process vis-à-vis Syria. Many of those the current transition government is not allowed to deal with now, according to left-wing sources. Attorney General Avichai Mandelblit has set out permissible and prohibited directives for the transitional government and the election period.

According to the guidelines, which Mandelblit passed in December last year, during the elections, the government and its ministers must act in restraint on every decision taken, including the allocation of resources and legislative initiatives. Where is the boundary between restraint and the need to maintain governmental continuity? The answer, according to the consultant, is "case by case." At the end of his December letter last year, Mandelblit wrote that he and his staff are at the disposal of the government in the event that a particular question arises - then it will determine the balance. This directive, according to Mandelblit, is valid and exists until the establishment of the new government, even after the elections themselves.