Attorney General Gali Baharav-Miara criticized the proposed legal reforms of the incoming government during a legal conference at the University of Haifa Thursday.
"The legislative proposals being discussed these days - what is unfortunately known as the 'legislation blitz' - do not occur in a vacuum," Baharav-Miara said. The big picture is important. The backlog of proposals on the table, certainly if implemented hastily, without a comprehensive and long-term vision, may disrupt the system of checks and balances between the governmental authorities."
"I do not dispute the importance of critical thinking in relation to the existing structure of power. Changes are sometimes forced by reality. But the idea that it is right or that it is possible to make a deep change in the fabric of the existing balance of power at the stroke of a sword, is wrong in my opinion. A fundamental change in the balance of power requires deep thinking and informed judgment."
She explained: "There is no dispute that the elected echelon is the one that should govern. This is the basic principle of democracy. Effective governance is essential for the prosperity of the country and the realization of the will of the voters. Not only do we not deny this, we will also assist the government in doing so. This is our role. But without judicial review and independent legal advice, we will will be left with nothing but the principle of majority rule only. This and nothing else. Democracy in name, but not in essence."
According to her, the incoming government's proposals contain no mechanisms were proposed to balance the power of the majority and the guarantee of the State's commitment to human rights. Whoever wants to make a change in the Israeli system of checks and balances, should clarify how according to his method the power of the majority will be restrained from harming the minority."
Baharav-Miara also emphasized the importance of the independence of the law enforcement system. "The politicization of the law enforcement system will lead to a severe violation of the most basic principles of the rule of law - equality; the absence of arbitrariness; and the absence of bias. If there is even a feeling of politicization of the law enforcement system, it will be a fatal blow to its ability to function and a serious injury to public trust. In a democratic country, it is not appropriate to change the relationship between the political echelon and the law enforcement system with lightning legislation."