The government pushed back against petitions to oust National Security Minister Itamar Ben-Gvir, insisting that dismissal authority lies solely with the Prime Minister under Israel’s Basic Law.
The Israeli government, led by Prime Minister Benjamin Netanyahu, submitted its preliminary response to the Supreme Court regarding petitions demanding the dismissal of National Security Minister Itamar Ben-Gvir.
Netanyahu’s position was unequivocal:
- Only the Prime Minister has the constitutional authority to dismiss a minister under Basic Law: The Government.
- Neither the court nor the Attorney General has the legal mandate to remove an elected minister from office.
The state further argued that Ben-Gvir’s conduct and policies do not breach the framework of principles governing the relationship between the National Security Ministry and the police.
Rebuke to the Attorney General
The response also criticized Attorney General Gali Baharav-Miara for bypassing protocol by appealing directly to the court with claims against Ben-Gvir.
“Such conduct by the Attorney General is unacceptable… There is no reason to schedule a hearing on the petitions before a proper process is held with the Prime Minister,” the submission stated.
On the Allegations Against Ben-Gvir
Addressing the Attorney General’s examples — including police appointments, public remarks, and policies on demonstrations — the government said these matters may, at most, warrant administrative review on a case-by-case basis. They do not constitute legal grounds for dismissal.
The Bottom Line
The government requested that the petitions be dismissed in their entirety, citing:
- Lack of jurisdiction
- Failure to exhaust proceedings
- No substantive legal basis
The filing underscores Netanyahu’s broader position: judicial overreach into ministerial appointments undermines Israel’s Basic Laws and the principle of separation of powers.The Israeli government, led by Prime Minister Benjamin Netanyahu, submitted its preliminary response to the Supreme Court regarding petitions demanding the dismissal of National Security Minister Itamar Ben-Gvir.
Netanyahu’s position was unequivocal:
- Only the Prime Minister has the constitutional authority to dismiss a minister under Basic Law: The Government.
- Neither the court nor the Attorney General has the legal mandate to remove an elected minister from office.
The state further argued that Ben-Gvir’s conduct and policies do not breach the framework of principles governing the relationship between the National Security Ministry and the police.
Rebuke to the Attorney General
The response also criticized Attorney General Gali Baharav-Miara for bypassing protocol by appealing directly to the court with claims against Ben-Gvir.
“Such conduct by the Attorney General is unacceptable… There is no reason to schedule a hearing on the petitions before a proper process is held with the Prime Minister,” the submission stated.
On the Allegations Against Ben-Gvir
Addressing the Attorney General’s examples — including police appointments, public remarks, and policies on demonstrations — the government said these matters may, at most, warrant administrative review on a case-by-case basis. They do not constitute legal grounds for dismissal.
The Bottom Line
The government requested that the petitions be dismissed in their entirety, citing:
- Lack of jurisdiction
- Failure to exhaust proceedings
- No substantive legal basis
The filing underscores Netanyahu’s broader position: judicial overreach into ministerial appointments undermines Israel’s Basic Laws and the principle of separation of powers.
