The Knesset (Israeli parliament) approved this Tuesday (27) an amendment to the Basic Law of Israel, the closest the country has to a constitution, which paves the way for the formation of the new government of Benjamin Netanyahu. This amendment to the Basic Law allows the leader of the strictly orthodox Shas party, Aryeh Deri, to be a minister after he was disqualified for tax fraud; and that the leader of Religious Zionism, Bezalel Smotrich, may hold a ministerial post in the Ministry of Defense, assuming authority over civil affairs in the West Bank.
In January, Deri was convicted of tax offenses and was given a suspended prison sentence. He resigned from the Knesset before the court could determine whether his actions included moral turpitude, which would bar him from serving as a minister for seven years. By law, it would be up to the chairman of the Central Election Committee, Supreme Court Justice Yitzhak Amit, to rule on possible moral turpitude. The new amendment, however, prevents the case from reaching Amit, making the law applicable only to actual arrests and not suspended sentences.
The Movement for Quality Government in Israel has appealed the law to the Supreme Court, claiming that it undermines the Israeli system of government by lowering the ethical standard for ministers. Two days earlier, the movement had already filed a similar appeal against the possibility of Deri becoming a minister regardless of legislation.
The Supreme Court said the state has until Jan. 3 to file a response to the appeal. The court will decide the issue on Jan. 5 before an unusually large number of 11 judges, given the sensitivity of the case.
Reform of the Basic Law
The two bills were presented separately, already named the Deri Law and the Smotrich Law, respectively, but as both imply a reform of the Basic Law, they advanced in the Knesset as a combined amendment, approved in third reading by a majority of 63 votes against 55 vs.
These laws to modify the Basic Law were demands of both politicians to join the coalition government led by former Prime Minister Netanyahu, which should be voted on in the Knesset this Thursday (29), when there will be a formal inauguration.
The Basic Law is the body of 13 fundamental laws of the State of Israel, in the absence of a Constitution, something that was never passed due to pressure from religious parties who consider that the maximum law should never be earthly, since the basic norm is in the Torah and other Jewish sacred texts.
The only law remaining to pass is the Ben-Gvir Act, which is expected to give the new national security minister, MK Itamar Ben-Gvir, broader authority over the Israel Police. The debate will take place on Tuesday afternoon.
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