Some of Prime Minister Benjamin Netanyahu's opponents hate him more than they support the rule of law, That's why they have endorsed legislation that would bar him from forming a government due to his indictment.
Such a proposal is anathema to the democratic process, such as the very election we have just had. If Netanyahu lacks a majority to form a government, such a law would not change a thing. If Netanyahu does get to assemble a coalition then such a law would negate the will of the people by rigging the election.
Legally speaking, having such a law that targets a specific person is wrong, just like a bill that would end his trial would be unacceptable. Such a bill should never be tailored according to specific cases or be applied retroactively.
Trying to disqualify Netanyahu from forming a government essentially means ignoring the votes of his supporters. Retroactive bills are usually the hallmark of countries where the regime lacks any restraint. And that's why we should steer clear of legislative action that would either be directly beneficial to Netanyahu or be specifically against him.
This would also run against Israel's Basic Laws, which protect equality. Every voter has an equal voice in an election. Applying such a law retroactively would deny voters the rights they had at the time they cast their vote and the opportunity to make an informed decision based on what they knew at the time of their decision.
That's why Israeli law and court decisions allow MKs and prime ministers to serve out their term even if they have been officially charged. A law that would change this would not only interfere with Netanyahu's legal rights as they were on Election Day but also impose a new reality on President Reuven Rivlin as he decides whom to task with the job of swearing in a government. Such legislation would essentially mean that the Knesset no longer has faith in the president to make such a decision.
If this is democracy, it sure sounds like a weird form of democracy.
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