Zulat for Equality and Human Rights, together with MK Gilad Kariv and a group of prominent public figures and senior legal scholars, filed an urgent petition with the Supreme Court sitting as the High Court of Justice against the law aimed at dismantling the institution of the Attorney General. The petitioners include former Justice Minister Yossi Beilin, Prof. Shimon Shetreet, Prof. Frances Raday, Prof. Yofi Tirosh, Dr. Meital Pinto, and Yuval Rachavi. The petition was filed by Adv. Dafna Holtz-Lachner.
Undermining Attorney General’s Independence and Rule of Law
The petition argues that the law brings about a dramatic constitutional change and seriously undermines the independence of the institution of the Attorney General, the rule of law, and the fundamental rights of Israeli citizens. It strips the position of its role as an independent gatekeeper, allows the government to disregard his/her legal opinions and to choose alternative legal representation, and it prevents the Attorney General from presenting his/her professional position to the court in a broad range of proceedings. The law thus gives the government unprecedented power to determine what constitutes binding law and to significantly free itself from judicial scrutiny of its actions.
Weakening Checks and Balances and Protection of Human Rights
The petition emphasizes that the harm is not limited to the status of the Attorney General. The law directly weakens the checks and balances of the democratic regime and the ability of gatekeepers to protect the public against abuses of governmental power. As a result, the law would significantly undermine the protection of human rights, efforts to combat governmental corruption, integrity in public service, and the requirement that the government act lawfully and with due regard for proper administrative standards.
The petition further argues that weakening the legal advisory system poses a real threat to the fairness of elections and to adherence to the rules of the democratic game, particularly at times when independent and effective legal scrutiny of government action is essential.
Accelerated and Flawed Legislative Process
The petition also points to serious flaws in the legislative process. The original bill sought to divide the institution of the Attorney General and create a separate position of Prosecutor General. At an advanced stage of the legislative process, however, the bill was split: the provisions concerning the establishment of the Prosecutor General were dropped, while the provisions intended to weaken the powers of the Attorney General were advanced separately and at unprecedented speed, with discussions wrapping up in just six days. According to the petitioners, such a short period did not allow for a thorough examination of the law’s constitutional and systemic implications, nor was adequate consideration given to the fundamental and complex questions raised during the proceedings.
Relief Sought
We asked the High Court to issue an order nisi and strike down the law in its entirety or, alternatively, to annul the central provisions that undermine the independence and powers of the Attorney General and return the law to the Knesset for a proper, thorough, and comprehensive legislative process.
Zulat believes that the law is not a mere organizational or professional reform, but a profound constitutional change that alters the relationship between the government and the law. The law weakens one of the principal institutional guardrails of the rule of law and gives the government unprecedented power to free itself from the legal scrutiny to which it is subject. This constitutes a direct assault on the checks and balances on which Israeli democracy rests.
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The advocacy efforts and petition to protect the Attorney General were also made possible through the generous support of Prof. Michael Bar and Mali Bar, and their longstanding commitment to protecting democracy and the rule of law in Israel.
