Newsgroup: it.cultura.ebraica
Titolo: Il Likud e' impazzito

http://www.haaretzdaily.com/hasen/pages/ShArt.jhtml?itemNo=162720
Il suo comitato centrale ha votato contro la creazione di uno stato
palestinese. Perfino Sharon ha detto che questa era una sciagura.
IMRA commenta (ma e' ovvio) che Sharon non e' comunque vincolato da quel
voto:
Interview: Eitan Haberman, Legal Advisor to Likud Party
Aaron Lerner                  Date: 26 December 2001 [redistributed
after
Likud voted against Palestinian sttae]
IMRA interviewed Attorney Eitan Haberman, Legal Advisor to the Likud
Party,
in Hebrew on 26 December 2001.
IMRA: There is a request for a meeting of the Likud Central Committee to
oppose the creation of a Palestinian state. To what extent would a
decision
by the Likud Central Committee obligate the prime minister? Would such a
decision have the status of being a recommendation or would it have
teeth?
Haberman: I will give you the answer independent of the specific matter.
On
the question of the principle.
First of all you have to consider this outside of the framework of
public
law.  The prime minister manages the state by force of law.  There is
the
Basic Law of the Government that sets that the government is the
executive.
That it manages the executive matters of the state.  Therefore, his
role, by
virtue of his election, is to run the country.
Every prime minister is also the messenger, the trustee, of the party
that
sent him and he also has a system of relations with that party. As for
the
question of preeminence, the law of the State always take precedent over
the
party.
Therefore the instructions or decisions of the party are one of the
parameters that the prime minister has before him when he makes a
decision.
But they are not more than that.
IMRA:  Are there sanctions that a party can take as a party.
Haberman: Not in the case of the Likud.  Some two decades ago the Likud
court set that when there is a dilemma between the law of the State and
the
law of the Likud then the law of the state takes precedence by force of
the
law of the Likud.  And thus there is no dilemma.
And so, if the prime minister acts per his authority and the Likud dos
not
like it then they won't vote for him again.  But there are no sanctions,
because sanctions would be against the law of the State.
The Central committee cannot dictate to the prime minister what to do
and
carry out sanctions against him because this would put the party above
the
law of the State that gives the prime minister the authority to act.
IMRA: Is this the case in other parties?
Haberman: It may be that some parties do not have this approach.  The
approach of the Likud Party is very advanced rules as is the Likud Court
in
terms of public law and I would say that proper private bodies in the
world
do not provide for the possibility of taking sanctions against people
for
acting according to the law.
This is a matter of the hierarchy.  That the law is above party rules so
when the two clash the law takes precedence.
In practice, when you have a prime minister who also leads a party then
the
prime minister typically dictates the policy of the party and moves it
towards his direction.
Dr. Aaron Lerner, Director
IMRA (Independent Media Review & Analysis)
(mail POB 982 Kfar Sava)
Tel 972-9-7604719/
INTERNET ADDRESS: 
im...@netvision.net.il
pager  03-610666 subscriber 4811
Website: 
http://www.imra.org.il
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palestinese. Perfino Sharon ha detto che questa era una sciagura.
E ora?
MMAX


Concordo. Evidentemente, anche in Israele ci sono i Le Pen e gli Haider.
E, come questi due, prendono i voti dei disperati.


 ha scritto nel messaggio
news:abmpap$ftf$1...@pegasus.tiscalinet.it...
Non condivido una simile decisione, ma faccio notare che è un logico
risultato di una campagna di sterminio portata avanti dai caporioni
palestinesi.
Ad'I
