Case Number

HCJ 5167/00

Date Decided

1-25-2001

Decision Type

Original

Document Type

Full Opinion

Abstract

Facts: The Prime Minister resigned, and he and the Ministers of the outgoing government continued to fulfill their duties as prime minister and ministers until the new government was to take office. In this framework the outgoing government continued to conduct political negotiations with the Palestinian Authority with the aim of reaching an agreement before the elections.

Held: The majority opinion was written by President Barak. The petitioners claimed that the outgoing government was not authorized to conduct the political negotiation. They asked the court to direct the government to end the political negotiation until the establishment of a new government following the special elections. The basic issues that were addressed in this case were: what is the scope of the authority and discretion of an outgoing government? Is it permitted to conduct political negotiation and sign an agreement? And what is the scope of judicial review of decisions of the outgoing government?

Keywords

Administrative Law -- Discretion, Constitutional Law -- Basic Law: The Government, Constitutional Law -- Government

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