Constitutional Cover-Up

Yuval Elbashan argues that the 'Defendant Law', which prevents an indicted person from serving as Prime Minister, is a temporary cover-up. He proposes a public council to decide on its application, balancing the power of the prosecution with the public's right to vote.

Yuval Elbashan, a law professor, argues in an opinion piece on ynet that the law preventing a person indicted for a crime from serving as Prime Minister, known as the 'Defendant Law', is nothing but a temporary cover-up. He describes the political struggle surrounding the law since the prosecution's decision in 2019 to indict Benjamin Netanyahu, and the war between its supporters and opponents. Elbashan warns of the danger of granting excessive power to the Attorney General, who could topple governments, and instead proposes a public council composed of the President, senior jurists, and public figures, which would decide on the law's application after a confidential hearing. He cites examples from the US and France of similar mechanisms, and calls for adopting a balancing architecture that would strengthen the foundations of the regime.

Constitutional Cover-Up