Netanyahu: “Supreme Court Must Dismiss Unconstitutional Petitions; Has No Authority To Dismiss A Minister”

Minister Ben Gvir with Netanyahu. (Photo: Maayan Toaf/GPO)

Prime Minister Binyamin Netanyahu on Sunday morning submitted his response to the Supreme Court ahead of Wednesday’s hearing regarding petitions from left-wing organizations demanding that he dismiss National Security Minister Itamar Ben-Gvir.

In a detailed response, Netanyahu argued that the petitions “should be dismissed outright, primarily due to the complete lack of any legal basis for such an extraordinary and extreme intervention in a foundational constitutional act—the formation of the government. The Court has no constitutional authority to remove a minister based on how he performs his duties, his conduct within his ministry, or his administrative decisions. The Attorney General’s position is entirely unacceptable to the prime minister and is, in our view, incompatible with Israel’s constitutional system.”

“The petitions constitute an unconstitutional attempt to remove a minister in Israel. Minister Ben-Gvir was unanimously approved by the government and by 65 Knesset members, and therefore, the Court has no authority. The ‘reasonableness’ doctrine does not apply in this case—even Justice Amit acknowledged that ministerial appointments are outside its scope. A minister’s statements are not grounds for dismissal—in a democracy, the will of hundreds of thousands of voters must be respected.”

The response noted that the petitioners are effectively asking the court to become a “government assembler” and to evaluate a minister’s performance using non‑legal criteria. “There is no place for this honorable court to replace the prime minister’s judgment with its own regarding whether a particular minister is fit to continue serving,” the response states.

“Accepting the petition would demonstrate that the court is, in practice, adopting an active and significant role in the political arena without any legal authority.”

“Minister Ben-Gvir has not acted differently from previous ministers. A minister has the right to set police policy and to support soldiers and police officers. The Attorney General is deliberately flooding the Court with partial and irrelevant information. If there are claims regarding specific appointments made by the minister (he has made hundreds, with objections raised about three), each claim should be examined individually—but this certainly does not justify removing a minister.”

The response warns that accepting the petition would create a “slippery slope” in which any minister disliked by one group or another could face legal petitions demanding their removal—paralyzing the government’s ability to govern and implement the policies for which it was elected.

“The Court is asked to respect the government’s sovereignty, reject the petitions…and avoid serious harm to the separation of powers,” the response emphasized.

Minister Itamar Ben-Gvir also submitted a sharp and forceful response to the petitions, slamming Attorney General Gali Baharav Miara’s position and warning of a constitutional crisis.

Ben-Gvir stated that the Court has no authority to remove a sitting minister who has not been convicted, and that even holding a hearing on the petitions risks undermining the social order. He said it is unacceptable for ministerial tenure to become a legal question based on the dissatisfaction of petitioners or the Attorney General.

He called on the Court to respect the election results and the political rights of Israeli citizens, and to refrain from intervening in the composition of the government. He added that the Court should “keep its hands off the structure of the government” and remain within the boundaries of public law.

Ben-Gvir further stated that the Attorney General is in a conflict of interest, citing, among other things, his past positions against her and his involvement in calls for her dismissal. He noted that there is no conviction, indictment, or active criminal investigation against him, and therefore, no grounds for his removal.

(YWN Israel Desk—Jerusalem)

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