Will the High Court of Justice reject the incapacitation law? - poll

Most readers believed that the High Court will strike down the law while others thought they would only apply the law from the next Knesset session.

 High Court hears petitions on against the incapacitation law on August 3, 2023. (photo credit: MARC ISRAEL SELLEM)
High Court hears petitions on against the incapacitation law on August 3, 2023.
(photo credit: MARC ISRAEL SELLEM)

The High Court of Justice discussed last night the annulment of an amendment to the Basic Law of the Government that determines when and how the prime minister can be removed from office.

How will the High Court of Justice act? This is what readers thought:

The High Court of Justice discussed last night the cancellation of an amendment to the Basic Law of the Government that determines when and how a prime minister can be placed under quarantine.

A huge majority of 3/4 of the government is required to do so. Meanwhile, readers were asked how the debate would end - and these are the results.

30.4% of the readers answered that the judges of the High Court will reject the law because it is personal. In contrast, 16.9% believe that the High Court will leave the law intact.

 MK ARYE DERI is in a bind, says the writer. On the one hand he has the opportunity to appoint his brother as chief rabbi, but that would put him at odds with the Yosef family, his political patrons. (credit: Chaim Goldberg/Flash90)
MK ARYE DERI is in a bind, says the writer. On the one hand he has the opportunity to appoint his brother as chief rabbi, but that would put him at odds with the Yosef family, his political patrons. (credit: Chaim Goldberg/Flash90)

Also, about a quarter of the surfers - 25.7% answered that the judges of the High Court will determine that the duration of the law will only be from the next term.

The Deri precedent

At the same time, only 4.6% believe that the judges will use judicial estoppel (Deri precedent) and 22.5% believe that the judges will give a conditional order to an expanded composition.

According to Cornell Law School: "Estoppel is an equitable doctrine, a bar that prevents one from asserting a claim or right that contradicts what one has said or done before, or what has been legally established as true," and "Estoppel may be used as a bar to the re-litigation of issues or as an affirmative defense."

The Deri Precedent is about the 1993 High Court decision that Arye Deri should be removed from his position as a minister following his conviction for bribery charges.