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High Court issues injunction against Incapacitation Law

The injunction orders the government to argue why the law should go into effect immediately

Israel's High Court on Sunday issued a temporary injunction against the amendment to the Incapacitation Law that was passed by the Knesset in March, Israeli media outlets reported on Sunday.

The injunction will require the government to argue why the law should go into effect immediately, and not start with the next Knesset, which would indicate that the law wasn't meant to benefit Prime Minister Benjamin Netanyahu personally.

The date for the next hearing is set for Sept. 28, when 11 of the court's 15 judges will hear arguments by the government and the petitioners against the law.

The court gave the representatives of the coalition until Sept. 14 to argue that implementation of the law, which amended the conditions to declare a Prime Minister unfit to serve, should not be delayed until the next government takes over.

The petitioners against the law, who seek to have it struck down completely, will have until Sept. 20 to submit their arguments to the court.

The Movement for Quality Government in Israel (MQG) group, one of the petitioners against the law, welcomed the court's decision.

"We welcome the decision of the honorable court, which is trying with its meager powers to preserve the democratic rules of the game in Israel while preserving the Knesset's dignity, which has long since failed to preserve its own dignity."

Last Thursday, Israel's High Court stated that it views the Incapacitation Law as designed to personally benefit Prime Minister Benjamin Netanyahu, implying that it is considering striking it down or delaying its implementation, Israel's Kan news reported.

Indications that the law was designed to prevent Netanyahu from being ordered to recuse himself were “very clear,” stated Supreme Court President Esther Hayut, while Justice Uzi Vogelman said, “The fact is the law is personal."

Striking the law would be an unprecedented move, as it is an amendment to the Basic Law. The government and the court have never struck down a Basic Law or its amendment in the Jewish state's history.

The All Israel News Staff is a team of journalists in Israel.

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