Discussion Today in the High Court - the Incapacity Law

Will they reject a basic law? The High Court will discuss The Incapacity Law today

At the height of the storm surrounding the Israeli legal system, the judges of the High Court of Justice will hear a petition filed against the Incapacity Law. The judges will decide whether to invalidate the amendment to the basic law, which was enacted by elected officials

High Court judges, archive (Photo: Yonatan Sindel/Flash 90)

Today (Thursday) at 10:30, the judges of the Supreme Court will deliberate on an appeal against the Incapacity Law. The dramatic hearing will be attended by President of the Supreme Court Esther Hayut, Judge Uzi Fogelman, and Judge Yitzhak Amit.

The appeal was submitted by the Movement for Quality Government and Knesset member Oded Forer from Israel Beiteinu. The petitioners argue that the amendment to "The Basic Law - the Government" drastically changes the procedure for the indictment of the Prime Minister, essentially becoming a personal law for Netanyahu following his trial and misuse of the Knesset mechanism.

The surprising battle between the legal advisors

It is worth mentioning that the Attorney General for the government, Gali Baharav-Miara, sided with the petitioners and the opinion she published argues that the law should be canceled. Miara claimed: "This is an abuse of the Knesset's authority in order to improve the personal legal situation of the Prime Minister and allow him to act contrary to the court's ruling."

Sagit Afik and Gali Baharav-Miara (Photos: Yonatan Sindel, Miriam Alster/Flash 90)

Surprisingly, the Knesset's legal advisor, Sagit Afik, vehemently opposed this opinion, claiming that the annulment of the Basic Law is an exceptional event. As a result, she requested that after today's hearing, another opinion be sent for review, representing the legal consultation of the Knesset.

Dramatic legal event: disqualification of two fundamental laws in less than two months?

It should be noted that a discussion in the Supreme Court regarding the annulment of a Basic Law is not a common occurrence, and today's hearing is considered particularly dramatic, given the legal legislation and the arguments that the power of the Supreme Court should be limited.

Esther Hayut (Photo: Yonatan Sindel, Flash 90)

In addition to today's hearing, in about a month and a half the judges of the High Court of Justice will discuss the invalidation of the law to reduce the Clause of Reasonability that was passed as an amendment to the basic law - "The Judiciary". So it turns out that in the near future and in a rather historic way, the High Court will discuss the invalidation of two basic laws ("The Government" and "The Judiciary") enacted by elected officials in the Knesset Plenum.

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