Rivlin
RivlinFlash 90

The President's Residence submitted its response to the High Court that the issue of Binyamin Netanyahu's candidacy to form a government is not one for the president of the state and there is no reason for it to be discussed in the context of the president’s authority.

The response of the Legal Advisor to the President, Udit Corinaldi-Sirkis, who was named as a respondent to one of the applications for judicial review was submitted to the court today and addresses only the issues in the applications relevant to the president of the state.

Her position, in brief, is that the issue raised by the applicants is a matter of principle that is worthy of discussion and should be adjudicated by the Knesset and the High Court of Justice, but that it is not one for the president of the state and it should not be discussed in the context of the president’s authority according to clause 10(b) of Basic Law: The Government (2001).

According to clause 10(b) of Basic Law: The Government (2001), the process of forming a government has passed to the Knesset and the decision regarding the candidacy of a Knesset Member to form a government is one for the Members of Knesset as elected officials, and not for the president of the state.

Adv. Corinaldi-Sirkis wrote that the attempt by the applicants to build a case on the basis of the authority of the president of the state according to clause 10(b) of Basic Law: The Government (2001) as an opening for judicial critique on this question and to place the president of the state at its center should be rejected because the application is not consistent with the constitutional arrangements contained in Basic Law: The Government (2001) and contradicts the principle of presidential immunity and the limited extent of judicial critique of his decisions.