Neither adventurers nor "crusaders" of the law, the judges of the Israeli Supreme Court recalled the limits of their competence, considering, shortly before midnight Wednesday May 6, that justice could not prohibit Benyamin Nétanyahou to take the head of the next government Israeli, while his trial for corruption, fraud and breach of trust is scheduled to start on May 24. The eleven magistrates ruled unanimously, after two days of hearings broadcast Sunday and Monday live on television.
During these unprecedented hearings, the highest judicial body in the country had already showered the hopes of organizations defending civil liberties and the opposition, which had requested its judgment, setting it up "Last bastion" democratic institutions. Courts refuse to operate "External intervention in the democratic process", which would constitute "A significant blow to the principle of majority sovereignty".
After three legislative elections – in April and then in October 2019, and in March 2020 -, the Court paved the way for the formation of a unity government between Mr. Netanyahu and his main rival, General Benny Gantz. The parliament has already adopted, Thursday morning, several amendments to the country's fundamental law, supposed to allow the two men to succeed one another at the head of the executive for four years. Their government could see the light of day, they promised, as early as May 13.
Contradictions of the two formations
The judges operated on mined political terrain, while the right continues to denounce their "Activism", considering them resolved to obstruct the will of the people. They only expressed a moral reservation that Mr. Netanyahu remains at the head of the executive. "The legal conclusion which we have reached does not in any way diminish the severity of the charges against the deputy Netanyahu for attacks on moral integrity, nor the difficulties which raise the mandate of a Prime Minister accused of criminal activities", they said, before recalling the principle of presumption of innocence.
However, the courts reserve the right to withdraw the amendments to the basic law adopted by parliamentarians on Thursday. In audience, they highlighted the contradictions of the two political parties, examining the baroque status of "work-study prime minister" which they intend to create alongside the head of government in office. Judge Hanan Melcer found reason to meditate on the Roman emperor Caligula (37-41), who had appointed his horse as consul.
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