In the video: The President of the Supreme Court says that public discourse is degenerating into dangerous places and has matured to the point of calling for harm to judges (Photo: Bar Association Communication)
The High Court of Justice will convene tomorrow (Thursday) with a panel of eleven judges to discuss the question of whether the appointment of Aryeh Deri to the position of Minister of the Interior and Minister of Health is reasonable. Another question that will come before the expanded panel of judges is whether to approve or disapprove the amendment to the Basic Law: The Government, which allows As he was convicted with a suspended prison sentence to serve as a minister.
The discussion is expected to begin tomorrow at 9:00 am and end towards evening, but a decision on what will happen to Deri, and perhaps the fate of the new government, is not expected to come from Jerusalem tomorrow.
What are the likely scenarios for a decision that could be made by the High Court in the petitions submitted in the Deri matter? As far as the amendment to the Basic Law is concerned: the government, it seems that the High Court will not intervene, since it is a Basic Law and the meaning of canceling an amendment to the Basic Law is far-reaching, since there is no legislation authorizing the High Court to invalidate a basic law.
The decision is not expected to come out tomorrow.
Deri (Photo: Flash 90, Yonatan Zindel)
However, it should be noted that the High Court of Justice has already ruled in several judgments in the past that it has the authority to cancel an amendment to a basic law by virtue of the legal doctrine of abuse of constituent authority, the meaning of which is that the Knesset abuses its authority to enact basic laws, this is due to the manner in which the law was enacted. Ours, the fundamental law was amended personally for one person - Aryeh Deri.
The more likely possibility is that the High Court will decide to disqualify the appointment of Aryeh Deri because it is unreasonable.
It should be noted that when talking about the reasonableness of the appointment, it is a legal term, and not a political term that means harming the purity of morals and the public's trust in the elected officials.
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Trained Deri in the past.
Hayut (photo: official website, bar association communication)
In the ruling that qualified Deri's appointment to the position of minister in 2015, President Hayut, who will head the composition tomorrow, wrote: "The appointment of Deri to the position of minister is on the border of the realm of reasonableness."
This was when at the time there was no existing conviction.
The Ministry of Justice is expected to use this claim in a position that will be submitted to the High Court today.
A petition submitted by the Movement for the Quality of Government in 2016, with Deri's appointment to the position of Minister of the Interior, was rejected, among other things, due to the fact that Deri ended the period of disgrace and conviction he had.
However, it is worth paying attention to what Chief Justice Salim Jubran wrote at the time: "There is no value in this decision, according to which Deri's appointment is a proper appointment, or to grant the kosher for this appointment. The court is not part of the appointment process, and its role is limited to examining the operation of the Authority according to The grounds for judicial review set forth in the law. Our decision is found in the legal sphere, and in its nature we found no grounds for interfering with Deri's appointment to the position of Minister of the Interior. However, Deri's criminal record, for its severity and the stigma attached to it, has not passed away, and the appointment decision will stand up to public scrutiny by the means available to him."
Therefore, it is possible that Deri's appointment will be disqualified.
Claim that the appointment should be disqualified.
Behra Miara (Photo: Reuven Castro)
The legal adviser to the government, Gali Beharev-Miara, is expected to argue in her position that despite the difficulties that exist in amending the Basic Law, there is no reason to disqualify it.
However, the consultant believes that Deri's appointment is unlikely and therefore should be disqualified.
Because of this, the consultant allowed Prime Minister Netanyahu to take private legal advice that is paid for from the state coffers. Another reason for taking private legal advice is that a significant part of the arguments that will be raised tomorrow in the debate are taken from the political field, and the consultant should not be the one to mediate them to the Prime Minister.
If the High Court of Justice does decide It is possible to reject Deri's appointment because we will go to the elections.
A hint of this could already be found yesterday in the position submitted by Prime Minister Benjamin Netanyahu to the High Court by attorney Michael Raviglio, where it was written: "The main consideration that should guide the Prime Minister is the restoration of governmental stability and under the circumstances there is no way to bring about governmental stability without the appointment of Shas leader Rabbi Aryeh Deri for the position of Minister.
Another possibility is that the war between the authorities will intensify and we will see the initiative to legislate the limitation clause take shape so that the pressure on the Supreme Court will increase.
The option that now seems unlikely is that the High Court will reject the petition, and not reject the amendment to the Basic Law and Deri's appointment.
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