https://www.jns.org/attorney-general-and-legal-advisers-in-judicial-reformers-crosshairs/
The Netanyahu government’s plan to enact wide-ranging judicial reform has taken center stage in Israeli politics, causing tens of thousands of opponents to take to the streets. On Monday, the Constitution, Law and Justice Committee will debate a part of the plan dealing with the proper role of ministry legal advisers, chief among them the attorney general (the position’s formal title is “Legal Adviser to the Government”).
The draft legislation heading to committee would allow ministers to choose whether or not to follow legal advisers’ opinions. “Legal advice given to the prime minister and any minister of the government will not bind them,” the bill’s summary states. “The government, the prime minister and any minister of the government may reject the legal advice and act contrary to it.”
Justice Minister Yariv Levin, in unveiling the “first stage” of his judicial reform plan on Jan. 4, stressed that the legal advisers are “advisers, not deciders, who represent the government and not their personal positions.” He called for an end to the “subjugation of the government to an unelected rank.”
They’re bringing legal advisers back down to earth, “making them understand that they’re advisers, that they’re not in control,” Haran Fainstein, a retired Israeli judge who teaches at Bar-Ilan University’s Department of Criminology, told JNS.
“There’s no law that says a government representative has to act according to his or her legal advisers’ wishes. It was a decision of the Supreme Court years ago that made it mandatory. It was Shamgar who made the decision,” said Fainstein.