Case Number

EA 92/03

Date Decided

5-15-2003

Decision Type

Appellate

Document Type

Full Opinion

Abstract

Facts: Petitioner 1, who served as Chief of Staff of the Israeli Defense Forces, was included on the list of candidates submitted by petitioner 2 for elections to the Knesset. The Chairman of the Central Elections Committee determined that petitioner was ineligible to present his candidacy. Israeli law provided for a cooling off period—a certain amount of time had to pass from a candidate’s discharge from the army or civil service and the time he presented his candidacy. The Chairman determined that petitioner had not met the requirements of the applicable cooling-off period. Petitioners appealed this decision. They asserted that the legislation of the cooling-off period was unconstitutional and that, in any event, he had waited the relevant cooling-off period before presenting his candidacy.

Held: The Supreme Court held that petitioner was ineligible to present his candidacy for the Knesset. The Court held that the legislation of the cooling-off period was constitutional, both with regard to its effect of the equality of the Knesset elections, and also with regard to the manner in which the law was passed by the Knesset. Additionally, the Court rejected petitioner’s alternate method of calculating the relevant cooling-off period.

Keywords

Constitutional Law -- Basic Law: Human Dignity and Liberty, Constitutional Law -- Judicial Review, Constitutional Law -- Legislation

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