On Tuesday the High Court will discuss the PM's ability to form a government despite indictments

• PM Netanyahu: "Who decides who will lead the people - it's the people" // Photos: Yehuda Peretz, Oren Ben Hakon

Ahead of the hearing expected in the High Court on Tuesday, which will deal with Prime Minister Benjamin Netanyahu's ability to form a government for the first time after he was indicted, Netanyahu returned his position to the High Court today, demanding that the petition be rejected.

A letter sent by Netanyahu to the High Court stated that "the petitioners in their petition are trying to prevent the electorate from choosing a candidate they think is worthy of leading the State of Israel, disregarding the explicit law provisions on the matter. The prime minister and the Likud movement believe that the petition should be rejected out of hand. "

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Netanyahu: "In Democracy, the People Decides Who's Leader"

According to the Prime Minister's statement in his letter, there appear to be a number of key reasons why the petition should be rejected. "In democracy, whoever decides who will lead the people - is the people, not anyone else. Otherwise, it is not democracy. The Honorable Court, but to the electorate only. "

It should also be noted that in the message sent there is a concern about the balance that exists between the authorities in a democratic regime, and even more so when there is a conflict between the judiciary and the legislature. "A hearing on the petition shatters the hard core of the principle of separation of powers and the balancing and braking system in a democratic state. There is no place for the honorable court, however respectful, to take the place of the electorate." At the same time, it was stated that the receipt of the petition in the High Court "will cause a situation in which a single public official (the Attorney General) - as high as he can be - will determine instead of the general public who can manage the state and who is not.

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

The letter sent was a reference to the Basic Law that allows the prime minister to run contrary to the customary law (Deri-Panhasi) in a similar situation with ministers in the government. "The legislature was aware of this explosive problem and granted special status to a prime minister in an explicit constitutional law that states that a prime minister can serve until convicted of a felony conviction for an offense that has been infringed upon."

Meanwhile, on Tuesday this week, the High Court will convene to discuss one of its dramatic debates since the establishment of the state. This will be the first time that the High Court will intervene in the most significant issue of government - who heads it, even though the existing law leaves a prime minister to serve until after a convicted conviction.