“Bankruptcy in Discretion”: The chairman of the National Union, MK Bezalel Smutrich, aired this morning (Wednesday) on Ben Caspit Winon Magal’s program on 103FM, and commented on his position regarding the statements of the Attorney General, Avichai Mandelblit, regarding the imprisonment of the Prime Minister. “It really is a hallucination – the concept of normative functional fortification – there is no such animal, it is a bluff. It is an attempt to turn the law from something clear and defined to something detached from the law, to entrust the authority to a jurist,” Smutrich attacked.
I want to read some of your tweets: “There are no words to describe the magnitude of the hallucination in the thought that a legal adviser can decide that a prime minister is not functioning” substantially “as he thinks he should function and then oust him from office in an act that is no less than a government revolution. “His judgment can not be relied on in any way and should be immediately imposed.” Yes?
“You read it so well so you will also read the tweet that Ben Caspit answered me and my reaction to his remarks.”
This has already been done here on the broadcast.
“It really is a hallucination. The concept of normative functional fortification has no such animal, it’s a bluff. This whole essence of the sentence, we have no time now, but it’s worth expanding on this matter and I believe even Ben and I agree on this matter. In the law, that the legislators in the Knesset have something essential in it, and essential is a beautiful word yes?
There is technical, formal, that it is dry and soulless and there is substantial and that is the real thing. In the end it means to break away from the law, from the law, and from the legislature, and entrust all authority to a jurist who essentially decides what is right and what is not. This is a targeted thwarting of the principle of legal certainty which is a fundamental principle without a revised Western legal system.
A person needs to know beforehand whether he is committing this act a criminal offense or not a criminal offense. Do you want to open parentheses? “This is one of the most difficult problems in this breach of trust that no one is clear about and what it entails, and what act a person does is considered a breach of trust or is not considered a breach of trust, who determines what will be a breach of trust?”.
I lost hope that there would be some point here.
“So I will just end by saying that I think this is the most undemocratic thing in the world. It is inconceivable that an official would come and decide that the prime minister is not functioning as he thinks he should function, and therefore he is unable to fulfill his role as he thinks he should perform. “He washes it, he actually washes the people of Israel.”
You are unable to put a dot. I got over it. You do not have that physical ability in my opinion. By the way, this is an amazing feature yes? I do not know many people who are capable of doing this. You by the way, you should have been a TV broadcaster. Do you recognize that there are those passages where you have to talk and talk because nothing happens? It’s just you.
“In what country have you seen a jurist, senior as he may be, dishonor an incumbent prime minister because in his opinion he is not functioning as he thinks he should function? Where have you seen this troll?”.
You distort his words.
“Where have you seen someone write such a thing or dare to put such a troll on the record? It’s a loss of miles upon miles and I’m behind the sentence I said. It does not matter at all whether it was said in a background conversation or not. The leg is in his judgment, so I stand behind what I wrote yesterday. ”
This thing that a prime minister uses his powers to dismantle the legal system following the indictment filed against him can indeed lead to imprisonment and I think that is true.
“All right, so let’s continue with this stupid line, really excuse me, but it could be that an attorney general who comes from the right will say that Arik Sharon is expelling the residents of Gush Katif because he wants to sabotage legal proceedings against him, and become an etrog.
It’s so delusional and I want to give you one big difference since you talked about discretion and that’s exactly the difference. When you talk about an elected official – a minister or a Knesset member. I what interests me is not his judgment. The one who will determine whether his judgment and his decisions are right or not is the public because he is the one who chose him. This is how it is in a democracy. The clerk is not elected, and what gives validity to his decisions is the correctness of the decision. “Therefore, I am not interested in the prime minister’s discretion, and I say this in an extreme way, but with Mandelblit, if he has no discretion, he should go home and not today, yesterday.”
In the judicial review of the Supreme Court the concept of fortification exists. It exists in law. Yes, it makes sense to me that if other factors can not do it then as soon as a prime minister enslaves the governmental powers.
“What does that mean? You just forgot what democracy is. Well you did not forget you never knew what democracy was. After all, when democracy served you then it was great, but when democracy does not serve you because what to do, the people went right and you remained a minority then suddenly “There is no such thing as democracy. So what now? The United States Attorney General will determine that Trump is materially incompetent.”
Netanyahu: “Political investigations and case sewing are being conducted here”
There are proceedings in the United States for terminating the presidency.
“The Knesset can also oust the prime minister at any given moment, it is the only one authorized to do so. No one else is authorized to oust a prime minister, otherwise there is no democracy here.”
You’re wrong again. Why did the Knesset not convene for five weeks? Because they did not let him submit what he wanted. Issues on the agenda are only in collaboration with Ganz Netanyahu.
“You are wrong in the law there is no reference to the government. It is in the coalition agreement and not in the law.”
The Prime Minister cannot dismiss the Speaker himself. I have already examined this.
“Okay okay. I’m telling you responsibly.”
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