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Opinion | "Bibi Law" will cause a constitutional and political crisis Israel today

2021-10-21T19:11:10.571Z


"Bibi Law" promoted by Justice Minister Gideon Saar is a political law, it is clear • Beyond that, the High Court has previously discussed candidates who have been proven to support terrorism - and ruled in favor of the right to vote and be elected • In addition, a legal official should not determine who will be prime minister Finally, the public gave Netanyahu broad support


The fact that the "Bibi Law" promoted by Justice Minister Gideon Saar is a political law is clear to all. But to deny the social-democratic basis of this legislation, three arguments can be presented. First, it is a fundamental violation of democracy, because if I think a certain thief is smart and good for the leadership of the state, I have the right in a democratic regime to choose him. Easy and material when a large part of the public does not think that a certain person has stolen at all, but has simply filed an indictment against him and a legal proceeding is being conducted against him that raises doubts. The High Court has already discussed candidates who have clearly been shown to support terrorism and ruled in favor of the right to vote and be elected. Without an indictment, those same Knesset members today can form a government.

The second aspect is well known to opponents of the law: it is simply impossible to leave in the hands of a person in charge of a legal position the ability to determine who will be prime minister and who will be removed from office as prime minister.

The ombudsman has already taken the authority to determine who can be a minister and who the minister can appoint; now the government revolving around Benjamin Netanyahu wants to allow the ombudsman to also determine who can and who cannot be prime minister.

The reasoning used by the coalition in favor of the legislation, for example Zeev Elkin, is that a person should not use the prime minister to pursue policy for personal reasons.

It is very beautiful and just, but for that there is a parliamentary body, the Knesset, or the electorate, and these are the democratic tools that will decide whether the prime minister has acted well in the national and public interest, or abused his position.

As is well known, the public has given Netanyahu much broader support than the coalition factions.

And here comes a democratic political rationale that seems to be ignored.

In a similar situation, if the law passes, Israel will automatically enter a constitutional crisis after elections.

A party like the Likud will run behind Netanyahu's leadership or someone else who may have already been indicted.

The party plans to repeal the law when it comes to power.

Meanwhile, under the law, the president is prevented from imposing on the "defendant" the government train.

It is possible to develop this scenario, but it is a tangle immediately at the opening of the coalition train.

On the contemporary political side, “Bibi Law” is a decent but cheap populism.

When Mandelblit said in a lecture a few years ago that the Prime Minister's Office should not be allowed to become a city of refuge for criminals, he intended to block French law, which would prevent legal proceedings against an incumbent prime minister.

The current law takes a safe distance and encourages the police to investigate potential candidates for prime minister, so that the ombudsman can know in advance to keep them away from that city of refuge in Jerusalem.

But what is worse is the feeling that the law is meant to give unconventional weapons into the hands of a particular political force.

Two axes are formed in the political leadership.

One, Lapid-Bennett, who is leading the coalition;

The other, Ganz-Netanyahu.

In both the strong give up the weak.

The Bibi Law is a weapon in the hands of the First Axis, but beyond a very temporary political gain, it could complicate Israeli democracy beyond its current complications.

Source: israelhayom

All news articles on 2021-10-21

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