Supreme Court: A-G's opinion is binding on govt.

Court President Esther Hayut condemns holding of vote in Cabinet which A-G Mandelblit called 'illegal.'

Arutz Sheva Staff ,

Justice Hayut
Justice Hayut
Photo by Oren Ben Hakoon/POOL

Supreme Court President Esther Hayut, along with Justices Neal Handel and Uzi Vogelman, concluded the hearing on the petitions demanding that the government immediately appoint a Justice Minister Tuesday evening.

During the discussion, the question was raised regarding the outcome of the vote held in the Cabinet was in which the appointment of Minister Ophir Akunis as Justice Minister was approved, despite the attorney general's opinion that the vote was illegal.

At the end of the hearing, it was determined that the decision on this issue of the validity of the appointment and whether an interim order will be issued against the appointment will be made tonight. Early indications are that the appointment will be rejected or at least frozen.

During the hearing, the judges attacked the decision to hold a vote despite the attorney general's opposition, and reiterated their determination that his opinion was binding on the government.

President Eshter Hayut stated: "There is a provision in the Basic Law regarding the mechanism. As early as February, the attorney general determined how the lack of a mechanism should be interpreted and we know that the attorney general's opinion is binding on the government, even if you disagree. At the hearing, the attorney general said, 'I was not allowed to have my say.'"

Attorney David Peter, who represented Prime Minister Netanyahu at the hearing, replied, "There was a disagreement in the government and it was decided to vote against the attorney general's position, and in response, Judge Vogelman said, 'I do not understand, there is a court ruling that his opinion is binding.'"

Peter argued that the court's intervention harmed the possibility of reaching agreements on the subject, "There is a clear political arena here and when a court seeks decisions within this arena it is difficult to uphold the court's decision. It also happened in the Edelstein High Court. We open the oven before the cake is baked."