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The High Court may cross the Rubicon

2020-04-29T21:26:48.901Z


Limor Smimian-demanded


"In our legislation, a prime minister is not transferred from office when he is prosecuted," said former MK Amnon Rubinstein, in the Knesset Constitution Committee's hearings (27 February 2001). It was also explained at the same meeting that "Article 18 was a question, what happens when a prime minister is convicted of an offense Criminal with a bail judgment. The Justice Ministry is proposing the wording here, which I think most members of the committee support, which says that the Knesset leaves it up to him to decide.

However, the explicit explanations in Sections 17 and 18 of the Basic Law: The Government, and the debates held around them in the Knesset even after the direct election of the Prime Minister in 2001, does not prevent many experts and non-governmental organizations who have undergone the concept of democracy from ever trying to force the Prime Minister Resign contrary to law. And while they failed to convince the electorate, that is, the sovereign, not to elect him, began publishing public position papers, as if to say that a particular, limited citizen group had a sublime vote in the democratic election of more than 2 million citizens. And after retroactive, personal and anti-democratic legislative attempts went down the drain, they returned to the bypass again, and for the sixth time a petition was filed with the High Court seeking to (effectively) repeal the law in this case. 



The struggle, then, is not about one or another clause, nor about Netanyahu the man, but about the sovereign's place and the essence of democracy. no less. As former Minister Tommy Lapid (the late) explained: "The liberal left, the advocate of the democratic, free, universal choice, has trouble accepting the fact that the majority may vote 'wrong'." And today, without quotation marks, one of the petitions will be discussed in Bagh Next week, "it is difficult to estimate the number of voters who have been deceived by the propaganda of falsehood, according to which the procedure is used against the defendant hunting political witches to topple the government, or the number of voters who believed that due to the presumption of innocence and the formulation of the Basic Law ... To take into account the choice of administrative evidence formulated in the indictment. Not only was the sovereign wrongly chosen, he is now also a herd that led him astray. 



And to correct the uncontrollable error of the lack of appeal to the High Court, which decides to discuss the petition, which could lead to a fourth election campaign, after three consecutive rounds of hostility, at the height of a global health and economic crisis. And above all, the mere hearing of the petitions is a violation of democracy The principle of separation of powers will again be violated, again a risky intervention in the right to choose and be elected. 

Thus, what started as a small "High Surgical" intervention by the High Court in the role of Knesset Speaker a few weeks ago, becomes a permanent fallow in the political swamp and could lead to the crossing of the Rubicon River. In other words, irreversible interference in the status of the Knesset and denial of the sovereign's power - actions from which The road back to the Democratic West can be difficult and irreversible, actions that could turn us from democracy to democracy.

For more views of Limor Semimian-Darsh

Source: israelhayom

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