The Israeli Supreme Court ruled Thursday that Yesh Atid leader Yair Lapid, who received a mandate from President Rivlin to form a government must respond to a restraining order.
The order claims that Lapid’s announcement that he has succeeded in forming a government is null and void and violates the constitutional law regarding forming a government.
Attorney Yossi Fox submitted the petition to the court claiming that Lapid’s announcement contradicts clause 13c of the Basic Law: Government.
That clause states that the member of Knesset who received the mandate to form a government must head that government. Therefore the position of the attorney-general of the Knesset and the President (that Lapid has the mandate to make a rotation with Naftali Bennett and give Bennett first position as prime minister) does not dovetail with the wording of the law or its goals.
Fox also petitioned the Knesset speaker not to convene the Knesset to swear in such a government which would be deemed unconstitutional. He said that based on his analysis the 21 days left for the Knesset to form a government began Wednesday night.
The court acceded to Fox’s request and requested a response from Yesh Atid to Fox’s claims by Sunday.
Fox said that “The Court’s task is not to legislate basic laws or bypass them but rather to intervene when public appointees violate them and in this case there is a violation of an explicit clause in the basic law of government.”
(Vosizneias).