The fate of Israeli democracy in the hands of the Supreme Court: the questions of Deri as minister, Smotritch appoints soldiers, Ben Gvir, and his police force

עיתון בין אויבים

A newspaper among enemies

Our assessment is that at the end of the hearing in the Supreme Court, which will begin next Thursday, the Supreme Court will reject the amendment to the Deri Law that was accepted last week in the Knesset, it is a basic law: the government. The Supreme Court may first suggest that Derai appeal to the Chairman of the Election Commission to determine if there is any dishonor in his conviction. Since the chance that Derai will agree to appeal to the Chairman of the Election Commission is slim, our assessment is that the rejection of the amendment to the Basic Law of the Government will be decided by the 11 judges sitting in the hearing. This assessment of ours stems first and foremost from President Hayut's words that "we will continue to stand firm even in the face of the thunder and lightning that are heard and seen at this time; They are directed towards us and herald, it seems, the coming of a storm; But when the law, and it alone, is before our eyes, we will also overcome it." Since the law was also determined from the accepted interpretation prevalent in the courts, and since this interpretation regarding a suspended prison sentence is that it is an actual prison sentence, the Supreme Court will find it difficult to ignore the interpretation despite the social sensitivity that embodies Also the current Deri case. The assumption that this is a personal law, as assessed here about a month ago by our legal commentator, the former vice president of the Central District Avraham Ya'akov, may become a legal determination during the discussions and decision. Most likely also the legal event according to which the judge who sentenced Deri to a suspended sentence, He did not discuss the question of disgrace which is or is not in the conviction, only because he understood that Deri intends to retire from politics, it will also come up in the Supreme Court hearing.

Regarding the political reality of the need for a balance between the two authorities, the legislature and the judiciary, which in the past influenced the decisions of the Supreme Court, when the two authorities tried to walk between the drops, and not lead to a rift between them, it is possible that this time the Supreme Court's consideration of this sensitivity will be little, in light of the attempts of the political system to change the balance and weaken the legal system, an occurrence which creates urgency regarding the general picture: the preservation of the democratic regime in Israel. 78 retired judges determined this week in a public announcement that these attempts could damage the democratic regime in Israel which is a candle to the feet of the Supreme. In this context, it is worth remembering that President Hayut did not respond to the words of retired Supreme Court Justice Ayala Procchia, as well as to the public announcement of the 78 court judges, even though judges' announcements in the media are unprecedented in Israel.

However, it is possible that the ideological distance between Deri and Smotrich and Ben Gvir in the context of the intention to reduce the power of the judicial system and endanger the democratic image of the State of Israel, will stand to the credit of Aryeh Deri. The Chachmei Torah council of Shas this week tried to increase this distance between Shas and Ben Gvir and Smotrich when it declared that Shas will not act in legislation against the secular public. On the other hand, this announcement sharpens the existence of two value barriers, one of which is in the government and the other outside the government.

The discussion on the appointments of Aryeh Deri and Itamar Ben Gvir as ministers will therefore be this week on Thursday. Whereas the discussion on the transfer of command of the border guard company to Ben Gvir, as well as the transfer of the powers to appoint the head of the Civil Administration and the coordinator of government operations in Judea and Samaria to Smotrich, will only take place after a government decision that actually transfers the powers to them.