MK Zvika Fogel is being investigated on suspicion of incitement to terrorism following his statements about Huwara/Walla!
MK Zvika Fogel of Otzma Yehudit, chairman of the National Security Committee, published a post on his X account (formerly Twitter) on Tuesday in which he addressed the legal drama last night in which the High Court of Justice struck down the amendment to the Law Eliminating the Cause of Reasonableness: "First we will defeat Hamas, we will immediately deal with Hezbollah and for dessert we will put the High Court in order," Fogel wrote. "Everyone has their time. Patience." The chairman of his party, National Security Minister Itamar Ben-Gvir, liked the post.
MK Zvika Fogel's tweet. 02.01.2024/Documentation on social networks according to section 27A of the Copyright Law, from MK Zvika Fogel's X account
Minister Benny Gantz, chairman of the state camp, responded to Fogel's post, and even noted the words of former Shin Bet chief Carmi Gilon about months ago: "The despicable and shameful comparisons of MK Fogel and Carmi Gilon, between the worst of our enemies and the gatekeepers of the State of Israel and an entire public whose best sons and daughters are fighting and risking their lives these days to defend the land – are moral lows.
Gantz added: "Division, incitement and violent and despicable discourse have no place in Israeli society anymore.I call on each of them to retract and the entire leadership to condemn this and show national responsibility these days." Gilon said during a cultural event on October 30 that "the religious right in Israel - like Hamas, ISIS and the Iranians."
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The despicable and shameful comparisons made by MK Fogel and Carmi Gilon, between the worst of our enemies and the gatekeepers of the State of Israel and an entire public whose best sons and daughters are currently fighting and risking their lives in defense of the land – are a moral low.
Division, incitement, and violent and despicable discourse have no place in Israeli society anymore.
I urge everyone...
— Benny Gantz (@gantzbe) January 2, 2024
Yesterday, as noted, a historic precedent was set in the State of Israel when the Supreme Court decided in a dramatic ruling that the law to cancel the cause of reasonableness was struck down by a majority of 8 High Court justices who opposed the law against 7 who supported it. This is the first time in the state that the High Court of Justice has intervened in basic legislation.
In addition, the HCJ ruled in a majority opinion (12 out of 15 justices) that it has the authority to conduct judicial review of Basic Laws, and to intervene in exceptional and extreme cases in which the Knesset exceeded its constituent authority.
Why was the law struck down?
In the dramatic ruling published by the High Court of Justice, a majority opinion ruled that the amendment at the center of the petitions – Amendment No. 3 to Basic Law: Judiciary – is "an extreme case in which the Knesset exceeded its constituent authority and therefore there is no choice but to declare it null and void." It was emphasized that this is an amendment "whose exceptional and sweeping wording prevents all courts from hearing and hearing arguments regarding the reasonableness of decisions by the government, the prime minister and ministers, in relation to any decision, including a decision to refrain from exercising authority."
The majority opinion further held that the interpretation of the amendment leaves no room for doubt that it also applies to absurd decisions and extremely unreasonable decisions. As a result, it causes "unprecedented damage to two of the nuclear characteristics of the State of Israel as a democratic state – the principle of separation of powers and the principle of the rule of law." In this context, it was noted that the amendment significantly increases the great power already concentrated in the hands of the government and its ministers, and blocks the individual's ability to receive relief in a number of situations in which serious harm to his important interests may be caused as a result of the government's actions.
It was also emphasized that the amendment leads to the fact that the most significant elements in the executive branch are actually exempt from the duty of reasonableness. It leaves entire areas without effective judicial review; prevents protection of public interests such as integrity and propriety of the administration; and could lead to a fundamental change in the face of the country's civil service, as well as severely damage to the independence of the law enforcement system and abuse of governmental resources in order to gain political advantages during election season.
- More on the subject:
- Zvika Fogel
- Otzma Yehudit
- High Court of Justice