Supreme Court Petition: Repeal Law Abolishing Status of Attorney General

>> Read the petition (Hebrew)

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.

 

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Dr. Maha Sabbah Karkabi

 

Senior Lecturer in the Department of Sociology and Anthropology, Ben-Gurion University of the Negev. She holds a Ph.D. in Sociology from Tel Aviv University (2015), a postdoctoral fellowship at the Center for Gender Studies, SOAS, University of London (2015-2016), a postdoctoral fellowship in the Department of Sociology at Tel Aviv University (2016-2017), and a postdoctoral fellowship Ph.D. at the Humphrey Institute for Social Research, Ben-Gurion University of the Negev (2018-2020).
Dr. Maha Karbahi’s areas of interest focus on the connection between social change, family behavior, and gender inequality in societies in the process of change and specifically in Palestinian Arab society in Israel. Her research draws attention to the study of family life and employment, using a combined “ethnic lens” and “gender lens” and paying attention to the perspective of Palestinian Arab women, a group characterized by intersections between multiple marginal locations, which over the years has remained hidden from the research eye. Dr. Karkabi-Sabah’s research is published in professional journals and chapters in scientific books that are considered pioneers in family research, work, and gender equality.

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Prof. Frances Raday

Professor Emeritus in the Lieberman Chair in Labor Law, in the Faculty of Law at the Hebrew University and serves as a full professor in the College of Management’s academic track, where she also serves as chair of the graduate program and as honorary president of the Concord Center for International Law Absorption. Radai was a member of a working group of the UN Human Rights Council on discrimination against women. In addition, she is a prominent and feminist human rights activist.

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Dr. Rawia Aburabia 

Faculty member of Sapir Academic College’s School of Law, received her PhD from the Hebrew University of Jerusalem. Her research deals with the interface between law, gender, minorities, and human rights. Has published in leading journals on the subject of the matrimonial laws pertaining to Muslim women in Israel. Her book Under the Law, Outside Justice: Polygamy, Gendered Citizenship, and Colonialism in Israeli Law is expected to be published as part of the Gender Series of Kibbutz Meuhad Publishing House.

Dr. Aburabia has extensive experience in international human rights and public law. She has worked as a jurist for the Association for Civil Right and has been invited as a specialist to address such international forums as the United Nations and the European Parliament on the subject of indigenous communities and minority rights. She has interned with Human Rights Watch in Washington DC, and has been a member of the executive board of Amnesty International. In 2018, she was selected by the magazine Globes as one of the 40 most promising young persons in Israel under the age of 40.

 

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Ron Kessler

With over two decades of experience in the field of digital content, Ron has participated in numerous political and social campaigns. He helped run the digital activity of senior public officials, and worked in various NGOs. Ron is a fundamentally optimistic man, who believes that Israel can be changed and so can people. Lives in Tel Aviv.