Getting Rid of the Gatekeepers
- ACRI
- 2 days ago
- 3 min read
The Kesset's Constitution, Law, and Justice Committee has been debating a bill initiated by the committee's chairman, MK Simcha Rothman, to split the role of the Attorney General for the Government. This is an extremely dangerous proposal that introduces political considerations into law enforcement, and does away with fundamental principles such as the binding status of the Attorney General's opinions and the independence of the State's legal representation. Gutting the institution of the State’s legal counsel will undermine the protections that exist for human rights and the ability to place effective checks on government power. It is a decisive step in the judicial overhaul that the current government seeks to advance.
The Attorney General plays a central role in the system of checks and balances between authorities in a democracy. This is particularly true in Israel, where there is no real separation between the Knesset and the government. The Attorney General role is, among other things, to act as a "gatekeeper" protecting the rule of law and the public interest. Beyond the intention to split the role into two separate roles, a legal adviser to the government and a state attorney, the bill includes a series of changes that would weaken the Attorney General's role and politicize the position, including changing the process of appointing the Attorney General by placing it under the control of the government, as opposed to a professional committee; broadening the criteria for dismissal based on the opinion of the government; effectively revoking the binding status of the AG’s legal opinions by allowing the government and other parties to ignore them; changing the rules of representation so that the government can decide on independent representation without the AG's approval; limiting the AG's ability to present arguments against government policy in court; and subjecting the legal advisor to oversight by the government and the Justice Minister and reducing their status in government meetings.
The combination of measures proposed in the bill guts the role of the State’s legal counsel as a gatekeeper and removes checks and limitations on the government's power, so that a policy can be advanced even in violation of the law. The proposal turns the Attorney General and the State Attorney into positions incumbent on political loyalty to the government or a specific individual, instead of on a commitment to the rule of law, equality, and fairness toward the entire public. It poses a danger to human rights and the integrity of elections, and opens the door to government corruption and political persecution.
Over the years, various proposals have been made to split the role of the Attorney General based on the view that the role is too broad and its powers too concentrated, and that there is a built-in conflict of interest between the AG’s role as adviser to the government and their role as the head of the criminal prosecution system. Questions regarding the AG’s role and powers and the relationship with the executive branch are legitimate, but it is impossible to ignore the framework within which the current efforts to split the role are taking place. This bill is part of a series of judicial overhaul laws, whose stated purpose is to shift the balance of power and undermine the judiciary, law enforcement, and gatekeepers. This is also legislation that would take effect immediately, which would have implications for the role in relation to all those standing trial—particularly the Prime Minister.
ACRI's Position Paper, January 20, 2026 (Heb)
