The motley crew of officials set to run Israel under Benjamin Netanyahu come with some serious baggage.
Israeli law does not permit a minister indicted for crimes to remain in office, but the lawmakers who wrote it neglected to specify that the term “ministers” included the prime minister, never envisaging an indicted head of government, much less one refusing to vacate his post.
Netanyahu’s legal troubles have manacled him. Most leaders of Israeli political parties refuse to sit in government with an indicted criminal. The parties willing to help him form a majority coalition out of the Knesset’s 120 seats are those who believe they have no other avenue to power: the ultra-orthodox Jewish religious parties and an agglomeration of previously marginal extremist groups who have until now been rebuffed by Israel’s mainstream.
Israel’s incoming justice minister has not yet been named, but neither Smotrich nor Ben Gvir are expected to be warmly received—or welcomed at all—by their cohorts among Israel’s closest allies. His appointment is certain to be challenged in court, where he is expected to lose. He has a simple answer: “The public knew everything there was to know about Netanyahu, me and the entire bloc, yet we received a large majority and the public expects us to govern,” he said on Israeli radio. So I hope they [the Supreme Court] will not interfere with this matter.”Netanyahu, in fact, cannot form the barebones skeleton of his new government without overriding the supreme court.
The override clause would have far-reaching effects. Netanyahu’s slim majority of 64 legislators could, for example, outlaw all Arab-majority parties, representing most of the 20 percent of Israel’s population which is Arab. If the law, on appeal, was found to be unconstitutional, lawmakers could decide simply to supersede the ruling.
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