Last update - 00:00 24/10/2006
AG still undecided on court's authority over president
By Yuval Yoaz, Haaretz Correspondent
Attorney General Menachem Mazuz will hold talks over the coming days to decide whether the High Court of Justice has the authority to instruct the president to respond on legal issues pertaining to him and his office.
A decision on this issue will influence whether the attorney general will accede to the order of Justice David Cheshin and respond to a petition filed by attorney Josef Fuchs against President Moshe Katsav last week. In his petition, Fuchs is demanding that Katsav resign or temporarily step down in view of the police recommendations that serious charges be filed against him for rape and sexual assault.
To date, Mazuz has avoided making any public statements on the case of President Katsav; however, Cheshin's decision several days ago created a legal conundrum.
The attorney general has maintained that he cannot make a statement relating to "public norms" over which he has no legal jurisdiction, namely over the president. Mazuz argues that since Katsav is not a minister in the cabinet, nor part of the executive branch of government, he cannot take a stance on matters of "public law."
Essentially, Mazuz would like to avoid a scenario in which the president ignores or rejects his decision.
However, the inclusion of Mazuz as a respondent to Fuchs' petition changes the equation because the High Court has ordered the attorney general to take a stand.
Another question that remains is whether the High Court of Justice has authority over the president, on the basis of the Basic Law on The President of the State.