Title: High Court Holds Explosive Hearing on Fortification Law, Netanyahu’s Future Hangs in the Balance
Date:
Thursday, [Date]
Today (Thursday) the High Court of Justice will hold a highly explosive hearing on the question of the entry into force of the fortification law. There are two reasons for the explosiveness of the hearing, which will be broadcast live on the “Maariv” website. The first is the very fact that the High Court of Justice is holding a hearing regarding the validity of a fundamental law. The second is that the law regulates the procedure under which a prime minister can be removed from office, and in practice, removed from office.
The fortification law was introduced to grant Prime Minister Benjamin Netanyahu the ability to intervene in the reform of the judicial system. Netanyahu publicly supported the amendment and said he had personally initiated it. However, this led to the ombudsman accusing him of violating conflict of interest rules. Subsequently, petitions were filed to the High Court demanding the cancellation of the amendment, a historic move in the State of Israel.
The legal adviser to the government argued that the Knesset abused its constituent authority by enacting the fortification law to rescue Prime Minister Netanyahu from his ongoing criminal trial. During a hearing before the regular assembly, President of the Supreme Court Esther Hayut mentioned Netanyahu’s statements regarding his perceived power after the passage of the law.
In a surprising turn, the judges rejected the ombudsman’s request for the immediate invalidation of the law. However, they issued a conditional order, indicating their inclination to accept the petitions. The entry into force of the fortification law will be postponed, and the hearing will now take place in front of an expanded panel of 11 judges.
The Prime Minister and the Knesset have opposed the High Court’s intervention, arguing that the fortification law should not be invalidated. They contend that, at the very least, its entry into force should be postponed until the next Knesset. The judges’ conditional order shifts the burden of proof onto the government and the Knesset, requiring them to justify why the petitions should not be accepted.
The outcome of this hearing could determine the future of Netanyahu’s position as prime minister. If the conditional order becomes permanent, the fortification law will only come into effect starting with the next Knesset. However, until then, the question of whether the legal adviser to the government can put a prime minister in custody remains unresolved.
There is also the possibility of further petitions if the ombudsman decides to put Netanyahu under judicial detention, which would result in his removal from office. The authority of the ombudsman in this matter would then become a subject of legal scrutiny.
The nation awaits the High Court’s decision, as it holds the power to shape the course of Israel’s political future and the fate of its prime minister. The hearing today represents a pivotal moment in the ongoing legal battle surrounding the fortification law and its implications for the country’s democratic processes.