Supreme Court Justice Dalia Dorner, who is retiring this week, issued her last decision this morning. In her capacity as Election Committee Chairperson, she decided - in contrast with the opinion of Attorney-General Menachem Mazuz, that the "spirit of the law" should overcome the "careless manner in which the way the law was written." Accordingly, she ruled that the next national elections should take place not in 2006 but in 2007.
The issue arose when it was discovered that the current parliamentary situation "fell between the cracks" and was not specifically covered in the latest revision of the elections law. The last national elections were held in January 2003 after Prime Minister Sharon dispersed the Knesset. The law, however, does not make clear whether this scenario is similar to the Knesset dispersing itself, in which case elections are held in the month of Cheshvan (roughly November) following the end of four years since the previous election, or whether it should follow the scenario specified in another clause of the law calling for elections in Cheshvan in the fourth year after the previous election.
Justice Dorner opined today that the legislators apparently did not mean to distinguish between the Knesset's dispersal by itself or by the Prime Minister. She said, however, that she knows that the issue will be brought to the Supreme Court for review - and in fact the Labor Party has already filed an appeal there. Dorner's decision stands in contrast to that of Mazuz, who recommended earlier this week that, for reasons of "regime stability" and "apparent intention of the law," he prefers the interpretation mandating earlier elections.
It must again be emphasized, however, that the entire question is likely to be academic, according to many political analysts, in light of the increasing political and domestic difficulties and coalition instability facing Prime Minister Sharon. Similar circumstances have led to early elections several times in the past.
The issue arose when it was discovered that the current parliamentary situation "fell between the cracks" and was not specifically covered in the latest revision of the elections law. The last national elections were held in January 2003 after Prime Minister Sharon dispersed the Knesset. The law, however, does not make clear whether this scenario is similar to the Knesset dispersing itself, in which case elections are held in the month of Cheshvan (roughly November) following the end of four years since the previous election, or whether it should follow the scenario specified in another clause of the law calling for elections in Cheshvan in the fourth year after the previous election.
Justice Dorner opined today that the legislators apparently did not mean to distinguish between the Knesset's dispersal by itself or by the Prime Minister. She said, however, that she knows that the issue will be brought to the Supreme Court for review - and in fact the Labor Party has already filed an appeal there. Dorner's decision stands in contrast to that of Mazuz, who recommended earlier this week that, for reasons of "regime stability" and "apparent intention of the law," he prefers the interpretation mandating earlier elections.
It must again be emphasized, however, that the entire question is likely to be academic, according to many political analysts, in light of the increasing political and domestic difficulties and coalition instability facing Prime Minister Sharon. Similar circumstances have led to early elections several times in the past.