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The High Court must allow the public to exercise its choice

2020-04-25T21:29:22.737Z


Jacob Bardugo


Just days before Netanyahu and Gantz signed the agreement, Prof. Joseph M. Adre'i, former dean of the University of Haifa's Faculty of Law, contacted the State President, over the pages of the Haaretz newspaper.

The professor called on the president to seize leadership, declaring "neither will and will not, a criminal defendant will not be appointed to head the government in our state." Earlier, the professor asked: "Did we err in our estimation when we believe that values, morals, cleanliness and unity of the people are in front of your eyes? Or, should the honorable president, you should be astonished, and therefore you are seeking to avoid such a fateful decision, to roll the issue to the door of our Supreme Court And expect this magnificent institution to take the chestnut out of the fire for you? "

Well, the president of the state is disappointed, and now it remains for the professor to gamble on the High Court. It is interesting what will be written on the court if that also fails.

The author makes comparisons to previous cases where public servants were disqualified from office after being charged with criminal offenses. It is a pity that his dignity fails to make an elemental distinction between an elected official and a public servant, and even more so between an elected official and the prime minister, an unparalleled role in the public sphere; A position that received uniqueness in "Basic Law: Government" in light of its characteristics.

Like Damasay, the writer brought Yoav Galant's disqualification to the chief of staff, saying, "You probably remember how proud we were when it was decided not to appoint Major General (res.) Yoav Galant to the chief of staff just because of a suspicion - not even an indictment - that violated his integrity And his integrity. " Well spoken.

Where was the professor when Gen. (res.) Avihai Mandelblit was appointed Attorney General? As is well known to him, then-Yehuda Weinstein stated that a normative value defect had occurred in his conduct regarding the Harpaz-Ashkenazi document, a defect for which he was recommended to terminate his term as secretary of government. Where is the professor today regarding the prohibition of publication on Mandelblit's former chief of staff's talks Regarding the Harpaz-Ashkenazi document? Why doesn't the professor call for the termination of the Attorney General's office? Shame exists only when the goal is only non-Bibi.

And here we are again, for the fourth time, the Supreme Court, having filed no less than three petitions to prevent the government from being assembled by Prime Minister Netanyahu. It is time to look at the United States and learn how democracy works when it struggles to use the Constitution, even during the Corona wars. Journalist Yoav Karni of Globes wonderfully describes the struggle of state governors for President Trump. In the president's opinion, he has "total authority" to instruct On reopening the U.S. economy, and is free to enforce its will on the 50 states. In contrast, Democratic governors state that his authority is not total and that the Constitution is written precisely to ensure this impotence. It stated that any authority not defined as "federal" belonged to the various states. It is inconceivable for them to apply for legal process and litigation; The separation of authorities is a clear name. 

Now is the beautiful time of the Supreme Court to remove the chestnut from the fire and allow the general public, which gave its voice to the Knesset members who support the unity government, to exercise their choice as in an enlightened democratic state.

For more views of Jacob Bardugo

Source: israelhayom

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