AG warns proposed legislation could leave Israel with democracy in name only

Gali Baharav-Miara says legislative blitz will remove any valid checks and balances causing democracy to fail as government would enjoy unprecedented power over courts, adds that 'changes are necessary, but calls for deeper consideration
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The attorney general on Thursday, warned that legislative initiatives put forth by the incoming coalition, would leave Israel with a democracy in name only and that there must be checks and balances that are missing in the bills.
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  • Gali Baharav-Miara was referring to legislative initiatives being pushed through the Knesset committees to clear the path for the establishment of a new government under the leadership of Benjamin Netanyahu and with the participation of twice convicted for corruption Shas leader Aryeh Deri.
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    גלי בהרב-מיארה
    גלי בהרב-מיארה
    Attorney General of Israel Gali Baharav-Miara
    (Photo: Nachum Segal)
    Some legislation being advanced would also change the make up of Israel's law enforcement system and grant the incoming minister in charge of the police - far-right Itamar Ben-Gvir, additional powers.
    "Legislative proposals currently being discussed, in what is unfortunately known as the 'legislative blitz,' do not each stand on their own, the AG said at a conference at Haifa University.
    "Such fundamental regime change cannot be made in haste, even before the establishment of the new government," she said. "A situation in which the discourse of governance will serve as a means to removing any limitations on the power from the government, must be avoided," she said.
    Baharav-Miara was referring to the efforts by the Likud party and its incoming coalition partners, which are pushing for the enactment of the Override Clause that would bar the Supreme Court from considering unconstitutional legislation, changing the seniority system now in place to appoint a chief justice to the court, increasing the power of politicians to elect judges and ending life appointments for judges who will be made to retire.
    "Without mechanisms that balance the power of the majority rule, we are not in essence, a democracy," she said.
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    Israel's Supreme Court
    Israel's Supreme Court
    Israel's Supreme Court
    (Photo: Gil Yochanan)
    "The initiatives seek to reduce the power of the judiciary and limit the influence of the Basic Law on Human Dignity and Liberty," she said. "This will have a profound effect on the maintenance of proper administration. Changes are sometimes necessary, but it's under the authority of the state officials, to lead a change, and the government legal advisors are here to help with the process. But such a fundamental change calls for deep consideration," she said.
    The AG called on the incoming government to conduct its reforms with transparency in cooperation with the judicial establishment and through public discourse.
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    איתמר בן גביר, יעקב שבתאי
    איתמר בן גביר, יעקב שבתאי
    Itamar Ben Gvir
    (Photo: Amit Shabi)
    "The Knesset does not act as a balancing factor for government legislation or private legislation supported by the coalition. Against the significant power of the government and the parliamentary majority in the Knesset, Israel does not have a comprehensive and structured system of breaks, balances, and restrictions," Baharav-Miara said.
    Ben-Gvir slammed the AG for her comments, claiming they were politicly motivated. "She thinks she is the prime minister," he said.
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    5.
    Pendulum swings back
    Looking from the outside, I'm under the impression that this judicial reform is an (over)reaction to the judicial power grab in the late 1990s. That's unfortunate, but understandable. Thank Aharon Barak for it.
    Igor| 12.19.22
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    4.
    Unelected power is bad
    The biggest threat to democracy are these unelected politicians that believes they have veto power over the choice of the people. I can tell you from here in the USA that prosecution of a political figure is ALWAYS politically motivated and designed to get rid of a politicians that the power that be don’t want. Also, non-prosecution for real crimes is also politically motivated. We
    David| 12.16.22
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    3.
    How did she receive a law degree with such stupid views?
    She is doesn't know that democracy means that elected parliament makes laws and as long as there are regularly conducted elections with multiple parties (too many in Israel) and elections are fair and even enemies are allowed to participate. Unelected bureaucrats like her and Supreme court judges cannot be allowed to define what democracy according to their ideological leanings. If anything right now Israel is under the tyranny of the Supreme court that instead of implementing laws passed by Knesset they nullify laws as they please by often relying on international law that has no legality in Israel and voting citizens have no say which is undemocratic.
    Steve Benassi | 12.15.22
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