MK Dudi Amsalem has just submitted a bill to repeal a section of the Basic Law of the Knesset that was enacted in 1981, which stipulates that a person convicted of an offense that the court or the chairman of the Election Commission determined was disgraceful will not be able to run for Knesset.
The wording and explanatory notes to the bill indicate that the proposal was submitted hastily and carelessly. This matter in itself raises questions about the urgency of submitting the bill.
Equally puzzling is the proposal to repeal the stigma clause on the grounds that “it is inconceivable that a vague term subject to subjective interpretation would prevent elected officials from serving.”
According to Amsalem, “The State of Israel is a democratic state whose right to vote and to be elected is a candle to its feet. Therefore, the public must be given the mandate to elect its elected representatives and therefore it is proposed to immediately abolish the institution of disgrace with regard to elected officials.”
What else? The Likud constitution itself has a disgrace clause.
The Likud constitution opens and states that “a person will not be admitted to a member of the movement if he has been convicted by a competent court, in a final judgment, of a disgraceful offense, up to one year from the date of the ruling or from the day he finished serving his sentence, all at a later date.”
The Likud constitution also stipulates that membership of a person in the Likud movement will be automatically terminated if “he has been convicted by a competent court, in a final judgment, of an offense involving dishonor.”
The ancient Likud constitution verbatim the stigma section of the Basic Law of the Knesset, and adapted it to Likud membership.
It further stated that “a member convicted in a final judgment and sentenced to actual imprisonment for a period exceeding three months, shall not be a candidate for a position in the movement or for a position on its behalf, unless the chairman of the Likud Central Election Committee determines that he is not convicted of the offense.” Because of disgrace. “
The Likud used disgrace to disqualify Feiglin
If that is not enough, it is worth remembering that in 2022, Moshe Feiglin wanted to run for the Knesset as part of the Likud list. Feiglin was previously convicted of a criminal offense, and a petition was filed against him to the chairman of the Election Commission, claiming that he should be disqualified from running for the Knesset because he was dishonored by his actions.
The Likud’s response to the petition was “there is no issue in question, a list or party matter that the Likud must intervene in.”
It is to be regretted that a Likud MK recalled the need to repeal the defamation clause only in the case when the question of the Likud chairman’s conviction was discussed for a disgraceful offense, and after negotiations for a plea deal that exploded on this issue. more and more.
In this context, we must also regret the decision of Knesset members and ministers from the coalition parties to amend the Basic Law on the other side so that it will personally prevent Netanyahu from serving as prime minister.
The Basic Laws have become origami folds for our elected officials.