Israel's attorney general says Netanyahu must quit judicial meddling

The Israeli attorney general's stance is only likely to deepen a rift in Israel over the power of the judiciary, which has roiled the country since the government took power later last year.
2 min read
02 February, 2023
Successive top legal officials in Israel have had to do battle with Netanyahu [Getty images]

Israel's attorney general has told Prime Minister Benjamin Netanyahu he must avoid being involved in an overhaul to the country's judicial system proposed by his government in an open letter, saying that he risks a conflict of interest in his ongoing corruption trial.

Netanyahu's new far-right government has made changing the legal system a centerpiece of its legislative agenda and despite mounting public criticism, has charged ahead with steps to weaken the Supreme Court and grant politicians less judicial oversight in their policymaking.

Netanyahu is on trial for fraud, breach of trust, and accepting bribes in a series of scandals involving influential media moguls and wealthy associates. He denies wrongdoing.

"You must avoid as part of your role as prime minister involvement in initiatives related to the legal system," Attorney General Gali Baharav-Miara wrote to Netanyahu in the letter, which was sent Wednesday. She said that meant Netanyahu could also not direct others to advance the plan.

The judicial overhaul was launched by the country's justice minister, a close confidante of Netanyahu's, and the Israeli leader has touted it as the right step for the country. But it’s not clear whether Baharav-Miara's position will affect the plan's progress.

Her stance is only likely to deepen a rift in Israel over the power of the judiciary, which has roiled the country since the government took power later last year.

The plan would allow a simple majority of the country's 120-seat parliament to overturn Supreme Court decisions that deem laws unconstitutional. It would also allow government ministers to ignore the advice of legal counselors and also make the position less independent.

Critics say the plan upends Israel's system of checks and balances and strips minorities of the ultimate protector of their rights, the Supreme Court. They say it grants politicians too much power and would be destructive to Israel's democratic fundamentals. The plan has faced widespread opposition, from top legal officials to economists and the country's robust tech sector to tens of thousands of ordinary Israelis who have come out to protest the move.

The government says the plan is critical to streamlining governance and correcting an imbalance of power between the country's executive and judicial branches, which they say has made the courts too powerful.