Israeli Parliament Passes Controversial Law Severing Government Checks on Legal Adviser

The Israeli Knesset has passed a highly contentious law that significantly diminishes the authority of the Government Legal Adviser, sparking a flood of petitions to the Supreme Court seeking its suspension. The legislation, approved in its final readings yesterday evening, is regarded as the most dramatic step in the ongoing judicial overhaul initiated in January 2023 by Justice Minister Yariv Levin and Constitution Committee Chair Simcha Rothman. This overhaul has included abolishing the reasonableness standard, altering judicial appointments to increase political control, blocking the Supreme Court president's selection, and attempting to dismiss the current Government Legal Adviser, Gali Baharav-Miara.

Baharav-Miara has resisted these moves, with the Supreme Court reinstating the reasonableness standard, confirming the Supreme Court president, and overturning her dismissal. Now, the new law aims to strip the Legal Adviser of the power to warn or compel the government to avoid violating human rights, removing the binding nature of their opinions and barring them from presenting these to the Supreme Court. The Legal Adviser’s appointment and dismissal will be politicized, turning the role into a political appointee without the current protections of a selection committee.

Critics argue this law effectively hands the government unchecked authority to interpret and enforce laws, undermining the judiciary’s role as a check on executive power. The Legal Adviser currently influences about 160 laws and areas including police powers, freedom of expression, equality, privacy, welfare, health, education, housing, environment, and consumer rights. The law’s opponents include the Association for Civil Rights in Israel, the Movement for Quality Government, the Israel Bar Association, and several Knesset members.

Legal experts note that overturning laws in Israel requires proof of human rights violations, raising the question of whether institutional changes alone meet this threshold. The law’s defenders frame it as a reform, but critics see it as a coup that dismantles the last barrier preventing government dictatorship, especially in a country lacking other democratic checks like a stable constitution or federal system. The legislation also includes ambiguous provisions on criminal law enforcement, suggesting the Legal Adviser must consider government policies, potentially limiting independent prosecution decisions.

The law’s passage marks a critical juncture in Israel’s constitutional crisis, with the Supreme Court expected to soon rule on its legality amid widespread domestic and international concern about the future of Israeli democracy.