The Legal Adviser to the Government, Gali Beharev Miara, issued a legal opinion tonight, according to which the Deri 2 Law is intended to overcome the High Court's ruling disqualifying Deri
Malkhan as a Minister.
In a fundamental law due to being personal. The law is intended to be put to a vote next week.
"Before the constituent authority, there is a very wide area to shape in the basic laws the administrative
and fundamental rules of the system," wrote in the opinion by the two successors to the Ombudsman Gil Limon and Avital Sompolinski, "however, this broad and infrastructural authority must be exercised carefully, in a manner appropriate to its essence and
nature of the state and the role of the constituent authority.
The basic rule is that regime arrangements, being overarching principles, should be determined from a principled and broad perspective, and not to meet the needs of the moment of political and coalitional interests, let alone individual interests of a certain person, against the background of his particular conviction.
That is not what the founding authority was intended for
."
the object of the legislation.
Aryeh Deri,
The amendments wrote in the opinion that "the bill also violates the principle of the separation of powers, since it seeks to withdraw the border of the judicial authority, and to establish an arrangement which in essence is intended to "overcome" individual judgments given in the case of a certain person, against the background of his personal circumstances."
In conclusion, they warned the government that "in view of the great difficulty stemming from the distinct personal aspect underlying the proposed amendment and the amendment that preceded it, and the substantial difficulties inherent in the arrangement itself, which also stand on their own, our position is to oppose the bill. These circumstances even raise a real concern that if the arrangement would
face
criticism Judicially, the court
will determine that this is an extreme case of abuse of the constituent authority which will lead to an
extremely unusual judicial intervention in basic legislation."
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