Attorney General Baharav-Miara issues 112-page opinion saying judicial reforms would give executive, legislative branches unlimited power.
Gali Baharav-MiaraShir Torem/Flash90
Attorney General Gali Baharav-Miara issued a 112-page opinion Thursday afternoon in which she claimed that the government’s proposed judicial reforms would cause “serious damage to the system of checks and balances” between the three branches of government.
Baharav-Miara submitted her position to Justice Minister Yariv Levin and the Knesset Constitution Committee.
In her opinion, the attorney general wrote:
“Each of the proposed reforms, and certainly their accumulation, will lead to serious damage to the system of checks and balances between the authorities. Each of the proposed reforms raises substantial difficulties, which go to the root of the principle of the separation of authorities, judicial independence and the professionalism of the judiciary, the protection of individual rights, the rule of law, and the preservation of proper governance. Acceptance of the proposed reform will lead to a regime structure in which the executive and legislative authorities have broad and practically unlimited authority, which has no built-in response to a possible fear of misuse of legislation or Basic Laws for the purpose of circumventing judicial review, or of harming the central characteristics of the state as a Jewish and democratic state.”
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She also stated that she believes the bill will harm democracy.
“Because the proposed reforms are unusual compared to democratic countries throughout the world, and the warnings that they will change the perception of the legal system as a professional, independent and apolitical system. There is no disputing the centrality of the principle of majority rule in a democratic society. On the other hand, a fundamental insight into a democratic regime is that the governing authorities are not able to hold unlimited power, which is a sure recipe for violating human rights and proper governance. There is no answer to this in the proposed memorandum.”
“Dramatic regime changes concerning the central democratic characteristics of the state should be made in a balanced and orderly process to formulate a balanced and comprehensive manner, after in-depth staff work, while consulting with all the relevant parties. It was suggested that in coordination with the Minister of Justice, such work would include a broad examination of the fabric of relations between the authorities, for example within the framework of the Basic Law: Legislation,” she added.
Even suggesting that the new Bill would upset a non-existant Set of checks and balances is very impudent to say the least. And as Edgar G. said above, maybe she simply doesn’t know her place.
The hypocrisy of the judiciary claiming that they are the last bastion of democratic principle in opposition to judicial reform while in essence refuting the will of the people is beyond pale.
I think I would bet money that the A-G does not have the authority to order the PM to do anything. My understanding of the role of the A-G ,- which may be faulty- is, that it is an advisory capacity to members of govt. Also to defend any legal action taken against the govt and to give a legal opinion WHEN ASKED…
For her to arrogate to herself the power to “order” the PM is a reminder of the criminal actions of Mandelblit, who destroyed the certainty that the Right would be in the position that it is today. I recall that reports were that he offered the PM freedom from all charges if he left politics. An open attempt at a coup d’etat by the legal fraternity.
Judicial reform has been talked about many times, and the PM has always demurred and been luke warm at the proposals. Politically a good thing, because the whole family, before the PM was indicted with invented crimes, has been mired in one legal action after another, like “bottle-gate” “garden furniture-gate”, “icecream- gate” and etc.
Even today apart from the fact that it is a part of the Right Wing Platform, he is not actively involved. But others definitely are.
And a very good thing for Israel when the various bills finally pass into Law. Then we may see some real justice in Israel at long last, and for the very first time since at least the 1990s.
Speaking of bars. Some picture. Is she having a bad hair day? Hangover? This is The Attorney General speaking in her professional capacity?
‘Absolutely absurd’ – Attorney-General bars PM from involvement in judicial reform
In fact, the Judiciary is placing on full display for all to see the very reasons why Judicial Reform is necessary to restore democratic rule in Israel. Their arrogance blinds them to the mis-steps of their unbridled, self-manufactured authority. Their night terrors of the Left losing the ability to unilaterally wield power from the bench unopposed, has thrust them into exposing their tyrannical tendencies. No doubt as this process progresses, such edicts of tyranny from the bench will continue to ebb and flow in defense of their awesome privilege, only to reinforce the very real need to see their power constrained by the very legislation they oppose.
Typical Alinsky tactic of the Left – accusing your opposition of what you are yourself doing. Judicial reform restrains the unlimited power of the Judicial branch, powers which it granted to itself, and which it refuses to be parted. In fact, the Judiciary claims they are acting to uphold democratic principles by ignoring the mandate of the public, while upholding the mandate they wrote for themselves.