Legislative Bid to Neutralize Legal Oversight
The Israeli government is advancing legislation that would strip the attorney general of the power to provide binding legal opinions to ministers, a move critics warn would remove a primary check on executive authority. The bill, which has been approved by the Knesset’s Constitution, Law and Justice Committee for its final readings, allows government ministers to disregard the attorney general’s legal counsel and independently determine the lawfulness of their actions. This effort follows a series of clashes between the current coalition and Attorney General Gali Baharav-Miara over the legality of government appointments and policy decisions.
Shifting Control of the Attorney General’s Office
The proposed legislation seeks to fundamentally alter the role of the attorney general, shifting it from an independent civil servant position to one more susceptible to political influence. Under the current system, the attorney general is appointed for a six-year term based on the recommendation of an independent committee headed by a retired Supreme Court justice. The new bill would grant the coalition direct control over the appointment and dismissal of the officeholder.
While an earlier version of the bill included provisions to limit the attorney general’s role in overseeing criminal investigations into elected officials, those measures were removed to expedite the legislation. Coalition members have indicated that if reelected, they intend to pursue these additional restrictions in future sessions.
Rothman’s Argument for Executive Authority
The push to limit the attorney general is part of a broader judicial overhaul agenda championed by MK Simcha Rothman, who chairs the Constitution, Law and Justice Committee. Rothman argues that the current legal framework grants unelected officials—specifically the High Court of Justice and the attorney general—too much power over the democratically elected government.
“The measures that I am promoting are not about power to the executive; they are about returning power to elected officials over non-elected officials,” Rothman told The Times of Israel. He contends that Israel’s system is unique in the degree to which legal gatekeepers can block government policy, asserting that in other democracies, such as the United States or the United Kingdom, the attorney general is typically a political appointee.
The Debate Over Institutional Safeguards
Constitutional scholars challenge the comparison to other democracies, noting that Israel lacks the internal checks and balances found in those nations, such as a bicameral legislature or a formal written constitution. Guy Lurie, a senior researcher at the Israel Democracy Institute, argues that the attorney general and the courts serve as essential safeguards in a system where the executive branch holds significant power.
“The government in Israel is actually comparatively stronger than governments in other democracies,” Lurie said. “The reason that we were able to remain a democracy despite this fact is because of the two basic checks that do remain on the power of the government, which are the courts and the attorney general.”
Accelerated Efforts Following Corruption Charges
Lurie and other critics view the legislative push not as a reform of the legal system, but as an attempt to dismantle the institutions that enforce the rule of law.
A Divided Nation Before the July Deadline
The Knesset is moving to pass the legislation before the current parliament dissolves on July 17. The bill remains a point of intense national debate, reflecting a deep divide over the nature of Israeli democracy: whether it should prioritize the authority of the elected majority or maintain robust, independent legal constraints on that power.
While supporters emphasize the need for elected officials to govern without interference from an “entrenched legal bureaucracy,” opponents warn that removing these constraints will leave the state without necessary oversight, potentially allowing the government to act without regard for existing legal standards.