Busy Month at the High Court

Towards a constitutional crisis? Towards a busy month with petitions to the High Court against the government

In the coming weeks, precedent hearings will be held in the Supreme Court on petitions against the Knesset and the government, with decisions that may lead to a constitutional crisis | The full schedule

(Photo: Yonatan Sindel, Flash 90)

With the beginning of September, tensions between the coalition and the Supreme Court are escalating as preparations are made for a series of discussions in the High Court on a series of appeals filed against the decisions of the Knesset and the government.

On the upcoming Thursday (September 7th), the discussion on the appeal against Justice Minister Yariv Levin regarding the issue of the non-convening of the committee for the selection of judges will take place. The appeals were filed by the Yesh Atid faction and the Movement for Quality Government in Israel.

The appeals demand that Levin be compelled to convene the committee and activate it for the purpose of selecting new judges, amid a heated dispute over legal representation. Levin is currently demanding independent representation, given his dissatisfaction with the position formulated by the Attorney General.

The Supreme Court and the Knesset (Photo: Nati Shohat, Flash 90)

On the upcoming Tuesday (September 12th), for the first time since the establishment of the state, a expanded panel of 15 Supreme Court judges will convene to discuss the appeals filed against the law to limit the Clause of Reasonability. The central question is whether the Supreme Court will proactively intervene in amending the Basic Law that was approved by the Knesset.

On the focus: Netanyahu's tenure

At the end of the month (September 28th), the Supreme Court is expected to hold an extensive discussion on the matter of the Incapacity Law, after an initial discussion was held last month but it was decided to expand the panel to 11 judges. In addition, the Supreme Court has already issued a conditional order against the law, demanding a response from the state regarding the law's validity - whether it will be immediate or only in the future, in the next government.

In this case as well, it involves intervention in a basic law amendment - which may lead to an unprecedented clash between the political system and the judicial system.

Netanyahu (Photo: Haim Tzach/Government Press Office)

In addition, the hearing on the petition against the tenure of Prime Minister Benjamin Netanyahu is scheduled to take place this month, on the grounds that he violates the legal conflict of interest agreement he signed, and therefore the Legal Adviser to the Government must declare him incapable.

Furthermore, last week, an appeal was filed against the decision to establish the government examination committee regarding the "Pegasus" affair, and there is also expected to be a discussion on this matter in the near future in the Supreme Court.

Meanwhile, the term of Justice Esther Hayut as the President of the Supreme Court is set to end in mid-October, and it is still unclear who will fill the role after her, as Justice Minister Levin has refused to convene the committee.

The replacement according to seniority practice is Judge Yitzhak Amit, but the coalition is not interested in appointing him, even Chief Justice Yosef Elron presented his candidacy as a precedent.


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