Attorney General Gali Baharav-Miara has called on the High Court of Justice to delay the implementation of a recently passed law that prevents the court or the attorney general from removing a prime minister from office. She argues that this law, which is part of Israel’s quasi-constitutional Basic Laws, should only come into effect after the next election. Baharav-Miara contends that Basic Laws should not be used to address personal ethical conduct and criminal law matters and that postponing the law’s implementation would help avoid this issue.
The law in question has faced criticism and legal challenges from petitioners who believe it was designed to benefit Prime Minister Benjamin Netanyahu personally. It is alleged that the law was intended to release Netanyahu from a conflict of interest agreement he signed in 2020 to allow him to remain in office while facing corruption charges. The petitioners have called on the court to strike down the law as an abuse of the Knesset’s legislative power, arguing that it was tailored to prevent the court or attorney general from requiring Netanyahu to recuse himself due to conflicts of interest.
During a preliminary hearing in August, the justices of the High Court indicated their belief that the law was designed for Netanyahu’s benefit and suggested that delaying its implementation until after the next Knesset election could be a solution.
Attorney General Baharav-Miara’s response reflects her opposition to the government’s position on this matter. She supports postponing the law’s implementation, arguing that it was passed with Netanyahu in mind, as indicated by statements made by coalition members and the prime minister himself. She contends that the law’s purpose is inappropriate for a Basic Law, as it undermines the rule of law and the integrity of legal proceedings.
Baharav-Miara also suggests that the law may have been passed for narrow, short-term political purposes and that it lacks constitutional value, potentially justifying its overturning based on the “misuse of constituent power” doctrine. She believes that delaying the law’s implementation would allow the Knesset to reconsider its personal nature and approach the matter with a broader policy perspective.
In March, the coalition passed this amendment to Basic Law: The Government, giving the government and the Knesset the exclusive authority to declare a prime minister incapacitated for medical reasons, with significant support requirements.