Incapacity Law

Netanyahu to the High Court: You must not interfere with the Incapacity Law

Netanyahu's lawyer submitted the government's response to the High Court of Israel: "The petitions seek to establish, in fact, without any authority in law, that millions of citizens toiled in vain to exercise their right to vote."

Netanyahu (Photo: Chaim Goldberg, Flash90.)

Prime Minister Binyamin Netanyahu submitted his position to the petition against the fortification law and claims that judges have no authority to interfere with a basic law, certainly not a law that could remove a prime minister against the will of the voters.

Netanyahu is represented by attorney Michael Rabello after the legal adviser to the government took a contrary line against the government in this case as well.

In the reply Rabello writes, among other things:

"The acceptance of the petitions... has one meaning: trampling underfoot the decision of thousands of Israeli citizens. The current petitions seek to interpret the basic law before the amendment in a way that apparently leaves the possibility (which never existed) of dismissing the prime minister on confinement other than for physical or mental reasons. The petitions seek to establish, in fact, without any legal authority, that millions of citizens struggled in vain to exercise their right to vote.

The petitioners seek to make the honorable court another "player" in the democratic elections. First, they tried to convince the voters not to choose the lists that supported respondent 2 (Netanyahu). If they can't do it, they urge the honorable court to violate the principle of separation of powers, cancel the will of the voters, and leave a possibility that will lead to another election, without democratic elections, contrary to the clear will of millions of citizens.

With all due respect to the petitioners, in the State of Israel, the rule of Plato's elites was not accepted and the voice of each of the voters of the coalition factions is equal to the voice of any other citizen."

In a more principled way, Rabello repeats his position on the issue of reducing the reason for reasonableness: Rabello later writes: "The respondent believes that the honorable court has no authority to interfere with a basic law. The present case strengthens this position sevenfold, since by violating the basic laws, the petitioners are trying to drag the honorable court to the slippery slope of fatal damage to the holy of holies of the foundations of our constitutional regime.


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