Login
Login

Attorney General of Israel

{{Short description|Chief legal officer of the State of Israel}}

{{Use American English|date = March 2019}}

{{Use dmy dates|date = March 2019}}

{{Infobox official post

|post = Attorney General

|native_name = {{lang|he|היועץ המשפטי לממשלה}}
Hayoetz Hamishpati Lamemshala

|website=http://www.justice.gov.il

|appointer = Cabinet of Israel

|termlength = Six years, single term

|formation = 1948

|inaugural=Ya'akov Shimshon Shapira

|insignia = Emblem of Israel.svg

|insigniasize = 120

|image = Gali Baharav-Miara.jpg

|incumbent = Gali Baharav-Miara

|incumbentsince = 7 February 2022

}}

The attorney general of Israel ({{langx|he|היועץ המשפטי לממשלה}}, Ha-Yo'etz Ha-Mishpati La-Memshala, {{lit|Legal Advisor to the Government}}) heads the legal system of the executive branch and the public prosecution of the state. The attorney general advises the government in legal matters, represents the state authorities in court, advises in the preparation of legal memoranda for the government in general and the justice minister in particular. Likewise they examine and advise upon private member's bills in the Knesset.

Additionally, the attorney general is tasked with protecting the rule of law and, as such, entrusted with protecting the public interest from possible harm by government authorities. It is an independent appointed position, one of the most important and influential in the Israeli democracy, and a central institution in the framework of the Israeli legal system. Owing to the common law tradition of the domestic legal system, the duties of the attorney general are not codified in law and have been born out of precedent and tradition over the years. In February 2022, lawyer Gali Baharav-Miara received unanimous backing from the cabinet to become the first-ever female attorney general.[https://www.timesofisrael.com/ministers-unanimously-approve-gali-baharav-miara-as-new-attorney-general/ "Amid spyware crisis, ministers approve Gali Baharav-Miara as new attorney general."] The Times of Israel, February 7, 2022.

Duties

The attorney general has four main duties:{{Citation| script-title=he:"תפקידי היועץ המשפטי לממשלה" הנחיות היועץ המשפטי לממשלה 1.0000 (90.000) (התשס"ג)|trans-title=Roles of the Attorney General, Attorney General Directive 1.0000 (90.000) | access-date = 2014-08-27 | language = he | url = http://index.justice.gov.il/Units/YoezMespati/HanchayotNew/Seven/10001.pdf}}

  1. Head of the public prosecution system
  2. Representative of the state in all legal proceedings
  3. Chief legal counsel to the government
  4. Representative of the public interest in any legal matter

History

In 1997 a commission in the chairmanship of the former president of the Israeli Supreme Court, Meir Shamgar, had been established for examination of the possibilities of the future legislation on the subject of the attorney general, and recommended that the official title of his or her position will be changed from "the legal adviser to the government" to "the chief legal adviser" to reflect his responsibility for ensuring the rule of law in all of the arms of government, and not only as an adviser to the government itself in matters of law. Likewise the commission recommended that the adviser will be appointed by the government according to the recommendations of a public commission, that will include five members: a retired judge of the supreme court, a former justice minister or attorney general, a Knesset member who will be chosen by the Constitutional Affairs committee of the Knesset, an attorney who will be chosen by the national council of the Israel Bar Association, and a legal expert in the subjects of civil and criminal law who will be chosen by the heads of the university law schools in Israel—in order to ensure the choosing of an appropriate person who possesses the fitting qualifications for the job. This recommendation regarding the selection committee was adopted in August 2000, but the recommendation regarding the title of the position was not adopted.

It is customary that the decision whom to select for the legal adviser position out of the list of nominees that the public commission recommended is done by the justice minister whose selection is brought to the approval of the government, which usually approves the appointment.

The manner in which the Attorney General carries out the duties assigned to his or her position is derived to a large extent from the personality of the person holding the position. Two of the legal advisers, Aharon Barak and Yitzhak Zamir, who came to the position from academia, were distinguished in the decisiveness that they demonstrated for the guarding of the rule of law in Israel, even when their ideas conflicted with those of the government.

Deputy positions

  • Deputy Attorney General for consultation
  • Deputy Attorney General for legislation
  • Deputy Attorney General for Hebrew (i.e., Jewish) law
  • Deputy Attorney General for special assignments
  • Deputy Attorney General for civil matters
  • Deputy Attorney General for criminal matters
  • Deputy Attorney General for fiscal-economic matters

{{Cite web |date=2016|title=Attorney General of Israel Official Webpage |url=https://www.justice.gov.il/En/Units/AttorneyGeneral/Pages/default.aspx|website=Attorney General of Israel}}

List of attorneys general

class="wikitable"

!Name !! Term

Ya'akov Shimshon Shapira1948–1950
Haim Cohn1950–1960
Gideon Hausner1960–1963
Moshe Ben-Ze'ev1963–1968
Meir Shamgar1968–1975
Aharon Barak1975–1978
Yitzhak Zamir1978–1986
Yosef Harish1986–1993
Michael Ben-Yair1993–1997
Roni Bar-On1997
Elyakim Rubinstein1997–2004
Menachem Mazuz2004–2010
Yehuda Weinstein2010–2016
Avichai Mandelblit2016–2022
Gali Baharav-Miara2022–

Israeli Attorneys General Through the Generations. [https://www.gov.il/he/departments/general/attorney_general PDF(2016)]

Comparison with government legal advisors in other countries

The position of binding advice and representational monopoly in Israel is exceptional and even unique by global standards. According to Eitan Levontin, the legal situation in Israel is not a minority opinion, but rather a single opinion.{{cite journal |last1=Levontin |first1=Eitan |title=Critical Introduction to State Representation before the Courts |journal=Mishpatim |url=https://lawjournal.huji.ac.il/sites/default/files/2022-05/%D7%9E%D7%91%D7%95%D7%90%20%D7%91%D7%99%D7%A7%D7%95%D7%A8%D7%AA%D7%99%20%D7%9C%D7%99%D7%99%D7%A6%D7%95%D7%92%20%D7%94%D7%9E%D7%93%D7%99%D7%A0%D7%94%20%D7%91%D7%A2%D7%A8%D7%9B%D7%90%D7%95%D7%AA.pdf}}

References

{{reflist}}

Further reading

  • Zilber, Dina. In The Name of The Law. Kinneret, Zmora Bitan, Dvir. 2012 (in Hebrew).

External links

  • [http://www.justice.gov.il/En/Units/AttorneyGeneral/Pages/default.aspx Attorney General] on the Israeli Ministry of Justice website
  • Barzilai, Gad and Nachmias, David [https://en.idi.org.il/publications/8708 The Attorney General: Authority and Responsibility]. Israel Democracy Institute 1997.
  • Bakshi, Aviad [http://en.kohelet.org.il/wp-content/uploads/2016/05/KPF046_eGA_E_030316_legal.advisers-1.pdf Legal advisers and the government: analysis and recommendations] Kohelet Policy Forum, February 2016
  • Bob, Yonah Jeremy; Hoffman, Gil [http://www.jpost.com/Breaking-News/Shaked-AG-has-no-veto-over-what-is-legal-470889 Shaked: "A-G has no veto over what is legal"], The Jerusalem Post, October 26, 2016
  • [https://www.youtube.com/playlist?list=PLl-XPH6c39l_ArnEIybNQNafAXVuaNzoX] videos in Hebrew from Kohelet Policy Forum Conference The legal advisers and the government 7 October 2015
  • [https://embassies.gov.il/MFA/AboutIsrael/state/Democracy/Pages/The%20Attorney%20General.aspx The Attorney General] 25.09.2000 at embassies.gov.il

{{Attorneys General of Israel}}

{{Authority control}}

Category:Government of Israel