6 reasons Supreme Court can't revoke the will of the People

Shaked says according to Law of the Land, Supreme Court has no right to prevent Netanyahu from forming government.

MK Ayelet Shaked ,

איילת שקד
איילת שקד
צילום: משה ביטון

The Supreme Court cannot prevent a Knesset member from forming a government if he is indicted. It's not what I'm saying—it's the law of the Land. Here are the main reasons the Court cannot make that decision for us:

1. The Basic Law of the Government clearly states that a prime minister can serve under indictment.

2. According to the Basic Government Law, an MK standing trial for criminal charges can form a government (there is a specific section that specifies how a trial is to be conducted against the prime minister or minister prior to their taking office).

3. The Supreme Court has no jurisdiction to exercise judicial review of the Knesset's discretion (and certainly not in decisions as a constitutional authority).

4. The petitions are clearly dealing with political issues that the Court has no legal means of adjudicating. This is not a trial—it's politics.

5. The will of the people in electing its representatives must not be revoked. The heart of the democratic process is the ability to translate votes into political influence. In a democracy, the people decide who will represent them.

6. In a democracy, a situation whereby a single public official (in this case, the court in deciding whether to prosecute) decides the identity of the prime minister cannot arise.

7. The Supreme Court cannot prevent a Knesset member from forming a government if he is indicted and cannot prevent the prime minister from serving under an indictment. I'm not the one saying this. The law of the Land is—and is doing so in a clear and precise way.



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