Israeli Parliament Considers Controversial Bill Weakening Attorney General's Authority

The Israeli Knesset is currently debating a revised version of a bill that would significantly reduce the powers of the Attorney General (AG). Initially, the coalition proposed dismantling the AG's role entirely by splitting it into three separate positions and granting the government unrestricted authority to appoint and dismiss legal advisors. Due to widespread public criticism and concerns about the bill's constitutionality, a softened version is now under consideration, focusing mainly on two issues: the legal status of the AG's opinions and government representation in the Supreme Court when the AG deems government policy unlawful.

The bill would transfer the ultimate authority to interpret the law from the AG to the government, allowing the government to decide whether to be bound by the AG's legal opinions and whether the AG should represent it in court. This shift raises serious concerns about public officials being pressured to obey government directives over the law, potentially enabling corruption and undermining the rule of law. The bill also instructs the government to determine the AG's appointment and dismissal procedures, though these details are currently omitted.

Professor Barak Medina, a former dean and rector at the Hebrew University, warns that weakening the AG's position could lead to administrative bodies withholding information and avoiding consultations with the AG, thereby increasing risks of corruption, favoritism, discrimination, and violations of freedoms such as speech and academic independence. He argues that while the AG can err in legal interpretation, the danger of the government misinterpreting the law is far greater, necessitating the AG's legal opinions to prevail unless overturned by the Supreme Court.

Medina emphasizes that the AG has historically served as a critical safeguard for the rule of law and human rights in Israel. The bill threatens to erode this protection by making government actions less accountable and increasing judicial scrutiny, which is less effective than the AG's oversight. He concludes that all Israeli citizens have a vested interest in limiting government power and ensuring its adherence to the law.