“Apply Sovereignty even with only the Authorities of a Transitional Government”

Atty. Rotman: The law of Continuity bestows enough authority on transitional governments to apply sovereignty in Judea and Samaria and there is a practical way to do this.

17-12-2019


Jurist and legal consultant for the Movement for Governance and Democracy Attorney Simha Rotman upholds the statement made by former Justice Minister MK Ayelet Shaked that a transitional government has the necessary authorities to carry out the application of sovereignty over Judea and Samaria.
 
He says that “there are limitations on paper and there are limitations in reality. The limitations in the law are almost nonexistent. There are very few irrelevant things such as ministerial appointments, but the law states that “an outgoing government will continue functioning until a new government is sworn in”, meaning that there is a principle of continuity and a government can take any step while continues to serve”.
 
Atty. Rotman made these remarks in an interview with Arutz 7, where he stated that “in the case of the application of sovereignty over parts of the Land of Israel, we must also learn from history and find a practical solution”. In this regard, Rotman mentions the first days of Israel as a well-known historical basis: “The government that applied sovereignty was a transitional government that was not elected, the Provisional People’s Council that was established before the elections, could determine what the borders of the state would be”.
 
He also noted what he defines as a practical solution. “It is possible to apply sovereignty by a resolution of government and to condition its execution on a vote in the Knesset and a majority of 61. After all, the Knesset was elected some time ago and it is not at the end of its days. It is a Knesset that received the confidence of the People twice in the past year”.
 
According to him, the argument that the authorities of a transitional government are limited is based on the gradual erosion of authorities from the duly elected political system, which the legal system has been carrying on for years, but in actuality, things are not essentially fixed and obligated by law at all.

Comments
facebook comments
This site is run by volunteers, all donations accepted
Support for the idea of sovereignty
More Articles
All Articles >
ריבונות - כתב עת מדיני
THEY ARE THE YOUTH
20-03-2025
It is young but extremely energetic: The Sovereignty Youth Movement has big dreams and performs activities in the entire country to promote the vision of Jewish sovereignty in the north, south and in Judea and Samaria. “We are training the next generation of leadership”
ריבונות - כתב עת מדיני
“For a Time Like This, You Have Achieved Royalty” Do Not Remain Silent, Initiate Sovereignty!
Yehudit Katsover and Nadia Matar
11-03-2025
With the support of the United States and with the insights that the people of Israel have internalized in the wake of the October 7th massacre, the Israeli government must act with courage and apply sovereignty.
ריבונות - כתב עת מדיני
​Ministers and Public Figures at the Sovereignty Conference Held in Jerusalem
26-02-2025
Israeli sovereignty and encouraging emigration of Arabs from Judea, Samaria, and Gaza were central to the discussions at the Sovereignty Conference held in Jerusalem.
ריבונות - כתב עת מדיני
The Legislation That Will Block Concessions and Withdrawals
19-02-2025
Legislation seeking to apply the Referendum Law to Judea and Samaria, preventing the transfer of sovereign territory to foreigners, is being drafted during these days. This is not yet sovereignty, but a significant step in blocking the ideas from the Oslo school of thought. MK Simcha Rothman explains.
ריבונות - כתב עת מדיני
From Hostages and War to Sovereignty. The same Failure, the Same Solution
19-02-2025
The message conveyed by the absence of sovereignty is the same message reflected in Israel’s conduct during the war and the negotiations for the return of the hostages - and there is one word for it. Tzvika Mor, father of Eitan, speaks.
ריבונות - כתב עת מדיני
​Palestinian Authority and Hamas- Different Means to Achieve the Same Goal
18-02-2025
Lt. Col. (Ret.) Yehonatan Dahoah-Halevi researcher and former intelligence officer, discusses the illusions behind attempts to portray Abu Mazen’s Fatah movement as fundamentally different from Hamas – attempts aimed at positioning the PA as a future partner for regional stabilization
ריבונות - כתב עת מדיני
​Donald Trump as the Cyrus of Our Time?
18-02-2025
King Cyrus’ historic actions earned him, at least for some time, the title of “Messiah.” Do the past and anticipated actions of U.S. President Donald Trump justify such a title for him as well? Rabbi Shmuel Eliyahu shares his perspective in an interview.
ריבונות - כתב עת מדיני
Issue 18 of the Sovereignty Journal, "The Trump Revolution," has been released
18-02-2025
The Sovereignty Movement has published Issue 18 of the Sovereignty Journal, which includes a comprehensive analysis of the historic opportunity facing the Israeli government to lead and implement sovereignty with American support and encouragement.
ריבונות - כתב עת מדיני
The Basis for Sovereignty in the Trump Era – Recognizing Our Exclusive Right to the Land
17-02-2025
Knesset Member Amit Halevi views Trump’s return to the White House as a historic opportunity for applying sovereignty. However, this will be contingent on several essential steps that should have been taken long ago.
ריבונות - כתב עת מדיני
They Voted Against But We Will Support A Proposal That They Bring
17-02-2025
MK Oded Forer is disappointed by the coalition’s opposition to the legislation calling for sovereignty in the Jordan Valley, accusing it of prioritizing the security of the coalition over the security of Israel, but he promises that when a similar legislation is proposed by the government, his party will support it.