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High Court hears arguments over when PM can be deemed unfit to serve

Netanyahu's governing Coalition passed a law in March that narrows the scope of when a prime minister can be declared incapacitated, limiting it to cases of medical and mental reasons while abolishing instances of conflict of interest and criminal matters.

by  Reuters and ILH Staff
Published on  09-28-2023 12:09
Last modified: 09-28-2023 12:46
High Court hears arguments over when PM can be deemed unfit to serveMenahem Kahana/Reuters

President of the Israeli Supreme Court Esther Hayut (C) and judges assemble to hear petitions against the law that blocks the court from potentially ordering the prime minister to recuse himself from office | Photo: Menahem Kahana/Reuters

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The High Court of Justice heard arguments on Thursday against a law passed by the ruling Coalition limiting conditions for any removal of Prime Minister Benjamin Netanyahu from office, in the latest showdown among branches of government to grip the nation.

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Political watchdog groups and an opposition party have challenged the March 23 amendment to a quasi-constitutional basic law, which Netanyahu's own attorney general described as designed to preserve his tenure amid a long-running graft trial.

Netanyahu's governing Coalition passed a law in March that limits removing a prime minister from office to cases of medical and mental incapacitation. It would protect Netanyahu from being deemed unfit for office because of his ongoing corruption trial and claims of a conflict of interest. Critics say the law is tailor-made for Netanyahu and encourages corruption. The law's proponents say it is meant to safeguard any democratically elected leader from a wrongful ouster.

Eleven of the Supreme Court's 15 judges convened for the televised hearing, presided over by Chief Justice Esther Hayut, who retires next month. She has openly criticized a judicial overhaul sought by Netanyahu's religious-nationalist coalition.

In a statement, Justice Minister Yariv Levin condemned the hearing as "a de facto discussion of rescinding the results of the election" that returned Netanyahu to power in December. The premier denies wrongdoing in three criminal cases against him.

The full court bench is separately preparing a ruling on challenges to a July amendment voiding its power to overrule some cabinet-level decisions on the basis of "reasonableness".

Critics say that law removed one of the last checks on the executive and a Coalition-controlled parliament, in a country that has no written constitution. Netanyahu argued for redress of what he calls overreach by an unrepresentative judiciary.

Next month, the court is due to hear appeals relating to the convening of a committee for appointing judges, delayed due to a dispute over a government bid to shake up its membership.

A ruling on the "incapacity clause", defining terms for deeming a premier unfit to serve, was not expected on Thursday. The court options include upholding the legislation as is, quashing it, or ruling that it must not come into effect before the next Knesset is sworn in. Attorney-General Gali Baharav Miara has recommended the latter.

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Tags: Benjamin NetanyahuIsraelJudicial ReformSupreme Court

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