Deputy AG: Many view us as illegitimate
In the wake of ministerial committee approval of bill allowing Knesset to bypass Supreme Court rulings with slim 61 MK majority, Deputy AG Avi Licht says, 'We operate in a realm of illegitimacy'; Israeli Bar Association to formulate official position on bill soon.
On the day that the Ministerial Committee for Legislation approved the override power legislation, which would allow the Knesset to pass laws already struck down by the High Court of Justice with a simple majority of 61 MKs, Deputy Attorney General Avi Licht spoke about how his office is viewed by many government officials.
Licht spoke Sunday at the Israeli Democracy Institute at a session on the Department of Counseling and Legislation at the Ministry of Justice. He said that the prevailing attitude towards his office could be summed up in three words: "Under whose authority?"
"There is a sense of decline of professionalism in the legal service," he said. "Unlike previous years, we operate in a realm of illegitimacy, and the ideological line with which we grew up is challenged by a different ideological line, without judging what is correct."
"Although there have always been objections to the work of the Justice Ministry," Licht explained, "lately our work of safeguarding the public welfare and advancing human rights are perceived among growing audiences—including the Knesset and the government—as illegitimate."
"There exists an ideological approach that maintains that what we are doing is forbidden, and can be summed up in three words: 'Under whose authority?'" he lamented.
Internally, he believes, there also exist complications. With the growth in the consulting and legislation departments, it is growing ever more difficult to present one cohesive position to the public.
"That is why the guide we wrote determines a uniform approach that reflects the value system as we see it, and when you know you are doing the job right, it is easier for you to deal with external criticism," he said.
The deputy attorney general continued, "There is no minister or person that I know of who wants to work contrary to the law, and our job is to delineate the limits of the law—what is permitted and what is forbidden. However, we must also express our opinion even when there is no legal impediment."
"Our job is to advance human rights and proper procedures as well, and it is important for us to stand and say what we think is right, even if we cannot impose a course of action," he iterated.
"Generally, the matter does not call for obstruction, but is rather a matter of legal difficulty, so we offer alternatives and other possible solutions," Licht said. "This is not a coercive discourse but rather a discourse of persuasion and a 'flood of difficulties…' Our aim is not to impose a veto."
Fmr. Chief Justice Barak: Knesset not allowed to override Israel's identity
Meanwhile, at the Ono Academic College conference held in honor of retired Supreme Court Justice Salim Jubran, retired Supreme Court Chief Justice Aharon Barak addressed the override power legislation.
"The interpretation of the Declaration of Independence establishes the genetic code of the Constituent Assembly, which is intended to establish a constitution that will realize the vision of the people and its creed. It is not authorized to act contrary to the vision. The Knesset is not authorized to nullify the character of the State of Israel as a Jewish and democratic state," Barak alleged.
The head of the Bar Association, attorney Effi Naveh, said at the opening of the conference, "Following the decision today on the issue of the override power clause, I hope that the parties reach a compromise that will not harm the standing of the Supreme Court, which serves as the last refuge of the weaker populations in society."
Naveh added that the Central Committee of the Israel Bar Association will convene in the coming days to formulate the official position of the association on the matter.
Shortly after the committee's vote on the override power legislation Sunday—at the behest of Education Minister Naftali Bennett—Finance Minister Moshe Kahlon, who was absent, announced his intention to block the bill from advancing.
"The passage of the bill in the Ministerial Committee of Legislation is a violation of the coalition agreements and a blow to law enforcement," Kahlon said.
"The Kulanu faction will continue to struggle against the override power clause and we will fight. We will not allow extreme elements to lead the daily agenda in the State of Israel," the minister promised.
