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Explosive Ruling Could Delay Implementation of Law Restricting Court’s Power to Order Prime Minister Recusal
The High Court of Justice is currently deliberating on a groundbreaking ruling that has the potential to postpone the implementation of a recently passed law, which aims to prevent the court from ordering the prime minister to recuse himself. Supreme Court President Esther Hayut and two other senior justices have expressed concerns that this law was specifically designed to protect Prime Minister Benjamin Netanyahu from such orders.
Amid mounting pressure, Attorney General Gali Baharav-Miara has joined petitioners in calling for the cancellation of this law. This is a historic move as it marks the first time the attorney general has sought to cancel a Basic Law. However, the uncertainty surrounding the timing of the ruling means that there is a possibility of a second hearing with an expanded panel of justices.
The stakes are particularly high as several far-right ministers have publicly stated their refusal to abide by a ruling that strikes down the recusal law. Such an outcome could potentially lead to a crisis within the country.
The law in question was passed in March amidst petitions demanding Netanyahu’s recusal due to alleged conflict of interest violations. Critics argue that this legislation was tailor-made to shield Netanyahu from any potential repercussions. The amendment to Basic Law: the Government now prevents the High Court from ordering a prime minister’s recusal, except under specific medical circumstances. Furthermore, the law requires the support of at least 75 percent of cabinet ministers and 80 lawmakers.
Netanyahu’s attorney has vigorously defended the law as a legitimate measure, contending that it serves to prevent unelected officials from removing an elected prime minister from power.
In addition to the ruling on the recusal law, the High Court is scheduled to hear petitions related to the Judicial Selection Committee and the contentious reasonableness limitation law in September. If the court strikes down the recusal law, it would be an unprecedented moment as it would be the first time the High Court has invalidated an amendment to a Basic Law.
These developments have captured national attention and underline the ongoing power struggle between the judiciary and government. As the High Court continues to deliberate, all eyes will be on the potential ramifications of their ruling for the future of Israeli democracy.
