The Editor
The Jerusalem Post
Fax: 537527
Dear Sir:
I
am of the opinion that the Speaker of the Knesset was acting 'ultra
vires when adopting a decision to terminate the meeting held on April.
The session was formally called by the government in accordance with
clause 33 of Basic Law: The Knesset. The Speaker, indeed, does have the
right to "suspend" a meeting in accordance with clause 26[c] of the
Knesset's regulations. However, "suspend" - yes, "terminate" -no. For if
we will interprets the meaning of the word in cl.26[c] to mean
"termination", we shall be empowering the Speaker with an ability to
jeopardize any initiative taken by the Knesset or the Government in the
Knesset; be it the enacting of laws, a vote of confidence, etc. We
therefore must conclude that the power inherit by the Speaker in
accordance with cl. 26[c] for a temporary pause but not for a
discontinuation of the meeting.
More-so, as was mentioned
before, the meeting was requested by the government. Allowing the
speaker to "terminate" a meeting prior to its conclusion, will
compromise the government's prerogative in accordance with cl. 33 of the
Basic Law: The Knesset according to which, the Speaker is to call for a
Knesset's session at the government's request. Is he allowed to
terminate the meeting as soon as the session was declared open and
thereafter fail to resume same? Cl.26[c] of the regulations is to be
interpreted in a way which will not be in variance to the Basic Law
The
above, however, does not compromise the president's performance in
this matter. To the best of my understanding, the president had every
right to respect the request of Mr. Peres for an additional fortnight.
More-so, did Mr. Peres fail in the Knesset yesterday, i.e. did the
Knesset vote of no confidence in his government, same would not have
compromised the president's right, to allow Mr. Peres additional 21 days
for the purpose of forming a government. Two reasons only can
jeopardize the president's jurisdiction in this matter. Cl. 7 and Cl. 8
to Basic Law: The Government). Did Mr. Peres advise the President of his
inability to form a government or if he failed to notify the president
of his success within 42 days.
With all due respect to Mr.
Henegbi, his criticism against the president was grossly unjustified,
and the words used, did not necessarily add to his own credibility.
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