Thursday, November 02, 2006

Er, Who Makes the Law in Israel?

The Basic Law: The President of the State seems fairly clear-cut:-

Immunity with regard to discharge of functions
13.
(a) The President of the State shall not be amenable to any court or tribunal, and shall be immune from any legal act, in respect of anything connected with his functions or powers.
(b) The President of the State shall not, in giving evidence, have to disclose anything which came to his knowledge in the discharge of his functions as President of the State.

(c) The immunity of the President of the State under this section shall continue after he has ceased to be President of the State.

Immunity from criminal proceedings
14. The President of the State shall not be criminally prosecuted. The period during which, by virtue of this section, the President of the State cannot be prosecuted for an offence shall not be counted in calculating the period of prescription of that offence.

Evidence
15. If the President of the State is required to give evidence, his evidence shall be taken at such place and time as shall be determined with his sanction.


Along comes our Supreme Court, sitting as the High Court of Justice, and decides:-

The High Court of Justice on Thursday decided that it was under its jurisdiction to continue examination of a petition calling for the immediate resignation of President Moshe Katsav...

Katsav told the court earlier this week that it had no authority to force him to step down, as requested in a petition submitted by attorney Josef Fuchs, arguing that the president enjoys immunity from any legal proceeding.

In denying Katsav's rebuke, the court issued a significant ruling rejecting the president's claim that he is entitled to judicial immunity.


Can anybody figure this one out?

2 comments:

Anonymous said...

"in respect of anything connected with his functions or powers.

YMedad said...

That I can read. Doesn't it mean though that he is not beholden to the court?