This was the conclusion of today's Court ruling rejecting a petition to appoint a prime minister from the Likud party rather than Kadima. The petition was submitted by the Land of Israel Legal forum, led by Attorney Yossi Fuchs.
Atty. Fuchs claimed in his petition that the law states that in the current situation, in which the elected prime minister is unable to rule, a minister or MK from the prime minister’s party must be appointed. In this case, he said, it should be the Likud, and not Kadima, as a prime minister is elected not on a personal basis but on a party basis. Sharon's power to establish and preside over a government was based on the Likud's victory in the 2003 election.
“Sharon set up a government as leader of the Likud party, which was the largest party in the Knesset, and he is serving in his position due to the power of that particular party," Fuchs said.
The judges stated that according to Mazuz, Sharon is defined as “temporarily incapacitated,” and this is different from the status of “permanently incapacitated” until the elections. For this reason, Olmert can continue as acting prime minister.
“In light of the announcement by the government’s legal adviser," the judges ruled, "it is not likely at this time that a permanent prime minister will be appointed before the upcoming elections. Therefore, the petition is rejected."
The judges added, however, that they would “not take a stand” regarding the attorney general’s legal interpretation of the concept of “permanently incapacitated” in accordance with paragraph 30(c) of the Basic Law.