The High Court of Justice on Monday issued a unanimous recommendation that the government cancel its dismissal of Attorney General Gali Baharav-Miara and abandon the controversial new process it approved in June to facilitate her firing.
The nine-judge panel, which includes a majority of conservative justices, advised the government to revert to the long-standing procedure established in 2000, under which the appointment and dismissal of an attorney general must go through a public, professional committee. The court gave the government until September 14 to confirm whether it will abolish the new method and reinstate Baharav-Miara.
If the government refuses, it must submit affidavits by October 30, after which the court is expected to issue a binding final ruling. Monday’s decision also canceled a scheduled hearing on petitions challenging her dismissal.
The ruling underscores the court’s view that the government’s mid-process decision to alter the rules for dismissing an attorney general is legally untenable. The court noted that the government failed to file a defense against the petitions—an “extraordinary” omission—and that no justification had been provided for deviating from established procedures.
Justice Minister Yariv Levin lashed out at the decision, calling it a “theater of the absurd” and suggesting the government would not comply with any final ruling. “You can’t force the government, especially when we’re in the midst of a war, to work with her even for one more day,” Levin said. “The government and only the government will determine who its attorney general will be.”
Communications Minister Shlomo Karchi went further, declaring the High Court’s injunction “illegal and therefore void,” and vowing the government would push ahead in appointing a new attorney general.
The clash leaves Israel in uncharted constitutional territory, with the High Court insisting that Baharav-Miara’s firing cannot stand and the government signaling it may openly defy the judiciary.
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10 Responses
Color me shocked
I’m shocked by the amount of contributors on this platform who think that they know better than our Gedolim! What are they doing on a YESHIVAworld site?
I smell a bribe
Resha’im stick together!
It’s high time Israel adopt the US system. Among the many advantages over the Israeli system is that the president can fire the attorney general.
In other words, you have an employee who does everything he can to damage your business, pushes customers away, helps suppliers and customers to take legal action against the business, invites criminals to reck the place, but the lowlife kangaroo court will block his dismissal; thats what we call democracy!
Does anyone know her full Jewish name and mother’s name?
They have only one option – to cancel the present court system, and to switch to Beis Din system. Otherwise they are stuck with this bunch of reshoim. It’s just a question of giving up power.
The Israeli Supreme Court is based on the Jewish model – the Beis Din can order the “machers” who actually run things, not the other way around. Unfortunately, the values it reflects are those of the fanatically anti-Torah Socialist Zionists who established the medinah. It is not democratic (small “d”). Indeed, given the manner in which they choose judges, by which those who were in power 75 years are still in power since they choose their own replacements, one can argue it is an aristocratic system.
The American system by which judges are elected, or appointed by those who are elected, does make sure that the judiciary can’t be totally out of touch with the population. Also note that the Attorney General (officially, the government legal advisor) is America has always been seen as a lawyer, whereas in Israel (as in most countries with legal systems based on Roman law) he/she is considered more of a judge.
Look who’s Above the Law now. The witch that was hired by the government and backstabs them day and night and they’re still unable to fire her. That’s a democracy? With a democracy like that it’s better to not have one and shoot all the Liberals in the face