Prime Minister Binyamin Netanyahu claims that the legal reform, not only does not constitute an injury to democracy, but is a strengthening of democracy.
The public is torn between its sympathy for Netanyahu and its loyalty to the government it voted for, and therefore its support for the reform automatically stems from the results of its vote, and the facts on the ground, which prove two things; One, the reform leads to anarchy and chaos and damage to the proper conduct of private and public life in the country, and the other, the laws that are accepted in practice demonstrate the impossibility of criticizing the government.
Therefore, advocate Yaakov Sheklar, an expert in criminal law and constitutional law, claims that the results of the reform should be checked, as they are reflected in the acts of legislation; Are they democratic or not, then decide on the merits of the matter, and not on the merits of a camp.
Adv. Sheklar explains that one of the clear laws, which testify to the rule, is Deri Law 2, which concerns Deri’s return to the position of minister, even though it was disqualified by the Supreme Court by an absolute majority.
Aryeh Deri, as I recall, was appointed senior minister in two ministries, interior and health, with other ministers sharing one ministry, sometimes two or even three ministers in the same ministry.
However, Deri was disqualified by the Supreme Court by an absolute majority on the background of his criminal past, the fact that he served a prison sentence for bribery, the fact that he was recently convicted for tax offenses and pledged to retire from political life and in fact deceived the High Court that sentenced him, as well as the prosecutor’s office that negotiated the plea agreement with him.
However, most of the public forgets that Deri was also supposed to stand trial in the Brown-Hebron case, where he played a central role in governmental corruption at the highest level; Appointing Yoamesh to ease with him in his personal matter, we would have solved the problem with the indictment that was hovering over his head, for which at the end of a day he was sentenced to 3 years in prison.
Attorney Sheklar mentions that on April 20, 1997, Attorney General Eliakim Rubinstein (appointed by the government to replace Bar-On), and State Attorney Edna Arbel published their conclusions, according to which it is indeed a criminal connection to take over the position of Attorney General out of personal interests of criminal elements, but the only one whose behavior raises the possibility of prosecution is Aryeh Deri.
Aryeh Deri was not prosecuted in this matter. After his time in prison in the “personal file” case and his conviction on one of the charges in the “public file” in 2003, Legal Counsel Rubinstein decided that the personal circumstances that arose regarding Deri did not justify his prosecution in this matter.
It can be said, explains Attorney Sheklar, that Deri miraculously got out of this serious case, even though he was on trial, he was also convicted in it, and is serving an additional prison sentence for serious public corruption.
Deri returned to politics, and despite these two serious corruption cases, he did not learn the lessons, and was again convicted of stealing state taxes, and in order to mitigate his punishment, he pledged to retire and actually retired from his public office. After the caning, he immediately retracted it, and the very next day the sentence was imposed on everyone when he announced that he had not rescinded the rule. This did not prevent Netanyahu from appointing him to two important offices, as a senior minister and deputy prime minister.
Beget did not buy the trick and in a reasoned judgment by an absolute majority explained that such a suspension would not pass and invalidated the appointment immediately, and he did well. But Deri announced, that a place that doesn’t enter through the door will enter through the window or the ceiling, and break back into our public life, like the last of the burglars, and so it does.
And hence the democratic test; The question is simple: does the new reform allow for an additional hanging against the public, in the training of the creep, in Law Deri 2??
It turns out that it is. The law has undergone preliminary reading and demonstrates the ability of the legislator, which is the Knesset, which is controlled by the government, without any legislative review, to enact any clearly anti-democratic law.
According to Attorney Sheklar, the new law does indeed describe a course of action for a clearly corrupt criminal to break into the living room of our home, against all logic and against every criterion of public administrative law of fairness, honesty, good faith, reasonableness, etc., tests of honest people, as opposed to criminals Literally, who seized power by force, and now pass laws as they wish.
Deri Law 2 simply states that the Beget cannot interfere in decisions to appoint ministers. that’s it. A criminal, criminal, fraudster, bribed, corrupt minister will also be appointed at the Prime Minister’s will, without any criteria, and contrary to the ruling of the Supreme Court. Attorney Yaakov Sheklar explains: As I remember, the government already changed the Basic Law, in order to qualify Deri in the first round, but Begetz did not eat this lokesh, even though he did not intervene and did not invalidate the Basic Law, but only expressed his displeasure.
Therefore, Deri Law 2 is actually the ‘Redheads’ Law’, a metaphor demonstrating the possibility of the government taking over the lives of the citizens, without any control, and infringing on their rights, in such a way that an unconstitutional law would be enacted, preventing redheads from voting in elections.
As long as the Deri 2 law is passed – the dictatorship is already here!!
The article is courtesy of the legal portal obiter.co.il
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