After last Thursday's hearing on The Incapacity Law, in which Judges Hayut, Fogelman and Amit participated. Today (Sunday) the Supreme Court announces that it has decided not to reject the petition, the judges issued a conditional order to the government in which the government must explain why the law cannot apply only from the next Knesset. In addition, it was decided that the next hearing on the law will be held with an extended bench of 11 judges.
The judges who will preside over the appeal are: 1) President Esther Hayut, 2) Vice President Uzi Fogelman, 3) Judge Yitzhak Amit, 4) Judge Noam Sohlberg, 5) Judge Daphne Barak-Erez, 6) Judge Anat Baron, 7) Judge David Mintz, 8) Judge Yosef Elron, 9) Judge Yael Vilner, 10) Judge Ofer Grosskopf, and 11) Judge Alex Stein.
Judge Fogelman in the debate on The Incapacity Law
As published during the hearing in the Supreme Court regarding the petition calling for the annulment of The Incapacity Law which was enacted as an amendment to The Basic Law - The Government, Judge Uzi Fogelman argued that despite the criticisms and the danger of canceling the authority of the Knesset, the High Court has the authority to cancel basic laws enacted by elected officials.
Fogelman claimed: "Positive law is not like that. There is a doctrine of abuse of authority and there is another doctrine. Sir, it is as if he is speaking in a vacuum, but there is no vacuum. In terms of positive law, the court is authorized to review basic laws based on doctrines established in our ruling in an expanded composition."
