The Movement for the Quality of Government today (Tuesday) petitioned the High Court against the changes in the Basic Law: The Government, which were intended to qualify the term of office of Aryeh Deri.
As a reminder, as first published in Israel Hayom, Supreme Court Judge Alex Stein ruled yesterday (Monday) that the respondents, including Binyamin Netanyahu and the Knesset, must respond to the Quality of Government movement's petition against the appointment of the Shas chairman by next Wednesday.
The meaning - Aryeh Deri will be able to be appointed minister at the swearing in of the government this coming Thursday.
According to Judge Stein, the petition was submitted before its time, that is, before Deri was actually appointed minister, and therefore it is not possible to discuss the issue at this stage.
"A constitutional amendment passed while abusing the constituent authority".
Deri, photo: Oren Ben Hakon
As mentioned, the Movement for the Quality of Government petitioned the High Court on Sunday against the expected appointment of Shas Chairman Aryeh Deri as a minister in the government. The petitioners asked the High Court to issue a declaratory order stating that due to Deri's criminal conviction, he will not be able to serve as a kosher minister without a hearing. The Central Election Commission will decide that there is no dishonor in his actions.
This morning, the Knesset approved the Deri-Smotrich law in second and third reading with a majority of 63 against 55 who were opposed.
The meaning - Aryeh Deri will be able to be appointed as a minister, since according to the amendments to the Basic Law of the Government passed by the plenum, only a member of the Knesset who has served an actual prison sentence will not be able to be appointed as a minister.
Upon the approval of the law, the petition was submitted claiming that "the amendment is a constitutional amendment that was adopted while abusing the constituent authority, which harms the Israeli system of the regime, in that it is intended to harm the purity of morals and the value standard established within the framework of the "Deri-Pinhasi" rule; and all against the background of prohibited personal considerations, needs coalitions, and by means of instructions that lack any proper purpose independent of a passing political context - and therefore have no place among the constitutional norms in the State of Israel."
The movement further claims that "serious flaws have fallen in the legislative process, including the violation of the principle of Knesset members' participation in the legislative process, the absence of a suitable period of time for discussion of the change and its consequences, the lack of a proper and complete factual and legal infrastructure, and in a manner that deviates from the way in which fundamental laws were passed in the past."
"There were serious flaws in the legislative process."
Deri with Netanyahu, photo: Oren Ben Hakon
In the meantime, members of the "Fortress of Democracy" group, through attorney Dafna Holtz Lachner, petitioned the High Court this morning with a request to cancel the legislation as well as a request for an interim order preventing the convening of the Knesset session to form a government until the petition is decided, and alternatively an interim order preventing the swearing in of Deri as minister until the petition is decided.
Attorney Dr. Eliad Sharga, chairman of the Movement for the Quality of Government, said that "this is the lowest level, madness, and moral tyranny. A blackest day in which the introduction of a kosher certificate for a convicted felon into the law book of the State of Israel. We woke up to a dark day, in which the members of the coalition The suspects acted like thieves in the night and they wanted to change the basic laws in a hasty and retroactive manner, only to allow a Deri criminal to be appointed minister.
"The High Court must intervene and prevent this disgrace, and even cancel the plea deal made with Aryeh Deri."
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