The Knesset's legal advisor expressed her opinion on the High Court's intervention in the incapacitation law. She claims that she does not influence Netanyahu, she opposes the High Court's intervention in the incapacitation law, and in her opinion it is even better than the legal situation that preceded it.
In the Knesset's response to the conditional order issued in petitions against the Basic Law: The Government, it was stated that the process of establishing the amending Basic Law, which included extensive discussions with the participation of Knesset members and other parties, was described at length, at the end of which changes were made to the wording following the comments that were heard.
According to the position of the Legal Advisor to the Knesset, the arrangement, as formulated, is preferable to the missing arrangement that existed prior to its enactment, and in accordance with the ruling of the honorable court, judicial review must be based on the purpose of the law, and not on the motives that led to its enactment. The response also noted that the amending Basic Law has no effect on the Prime Minister's conflict of interest arrangement and his obligations under it.
Regarding the remedy regarding postponement of the effective date of the Basic Law, it was stated that the consistent position of the Legal Advisor to the Knesset is that the establishment of Basic Laws relating to relations between the authorities should be done with deferred application and behind a veil of ignorance. However, once the legislature has explicitly chosen to establish the law that is the object of our case with immediate application, there is no reason to intervene in this. The law is balanced, similar in essence and detail to the incapacitation arrangements established for other officers in Israel, such as the President of the State and the Speaker of the Knesset, and is also similar to arrangements proposed in the past in this regard. The Court has ruled many times that existing law does not prohibit the establishment of Basic Laws of Governance with immediate application, and therefore there is no reason to prohibit this in the current normative situation.
Therefore, the position of the Legal Advisor to the Knesset is that in our case there is no reason to postpone the date of commencement of the amending Basic Law as determined by the legislature, and especially when it is basic legislation, with all the implications deriving from it.
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