Attorney General of Israel
Encyclopedia
The Attorney General
of Israel stands at the head of the legal system of the executive branch and the head of the public legal establishment, in charge of 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 which is one of the most important and influential in the Israel
i democracy
, and a central institution in the framework of the Israeli legal system. Owing to the common law
tradition of the domestic legal system, much of the position's duties are not codified in law and have been borne out of precedent and tradition over the years.
, 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. Sometimes internal interests, as opposed to the official attitude of respecting the independence of the position brings the government to seek one who will do its bidding with little questioning. Such interests led to a scandal in the mid-1990s appointing of Roni Bar-On
as legal adviser to the government. There were suspicions that the appointment was part of a deal intended to provide leniency for Aryeh Deri
in his corruption case. Those events were coined in the media as the "Bar-On Hebron affair". In light of this, the appointment of Bar-On as the legal adviser was not well received within the judicial community where many also thought him lacking the personality and legal acumen necessary for the job, all of which quickly led to the loss of his appointment when he resigned only one day after taking the oath of office.
Attorney General
In most common law jurisdictions, the attorney general, or attorney-general, is the main legal advisor to the government, and in some jurisdictions he or she may also have executive responsibility for law enforcement or responsibility for public prosecutions.The term is used to refer to any person...
of Israel stands at the head of the legal system of the executive branch and the head of the public legal establishment, in charge of protecting the rule of law
Rule of law
The rule of law, sometimes called supremacy of law, is a legal maxim that says that governmental decisions should be made by applying known principles or laws with minimal discretion in their application...
and as such entrusted with protecting the public interest from possible harm by government authorities. It is an independent appointed position which is one of the most important and influential in the Israel
Israel
The State of Israel is a parliamentary republic located in the Middle East, along the eastern shore of the Mediterranean Sea...
i democracy
Democracy
Democracy is generally defined as a form of government in which all adult citizens have an equal say in the decisions that affect their lives. Ideally, this includes equal participation in the proposal, development and passage of legislation into law...
, and a central institution in the framework of the Israeli legal system. Owing to the common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
tradition of the domestic legal system, much of the position's duties are not codified in law and have been borne out of precedent and tradition over the years.
Duties
The Attorney General has many duties, including: the head of the public prosecution from the state, the person who advises the government in legal matters, the person who represents the state's authorities in the courts, and advises in preparation of law memoranda of the government in general and the Justice Minister in particular (likewise he examines and advises for private proposals for a law of Knesset members). In spite of the position's great importance, the status, authorities, duties, terms of employing and method of appointment and dismissal of the adviser had not been defined yet in law. Nonetheless, it is possible to learn about the adviser's status, authorities and duties from the instructions that the different advisers have produced since the state's establishment.Appointment
In 1997 a commission in the chairmanship of the former president of the Israeli supreme courtSupreme Court of Israel
The Supreme Court is at the head of the court system and highest judicial instance in Israel. The Supreme Court sits in Jerusalem.The area of its jurisdiction is all of Israel and the Israeli-occupied territories. A ruling of the Supreme Court is binding upon every court, other than the Supreme...
, Meir Shamgar
Meir Shamgar
Meir Shamgar was President of the Israeli Supreme Court from 1983 until 1995.-Biography:Shamgar was born Meir Sterenberg in the Free City of Danzig to Eliezer and Dina Sterenberg.He emigrated to Palestine in 1939.He was arrested by the British in 1944 for anti-British activity and being...
, 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
Knesset
The Knesset is the unicameral legislature of Israel, located in Givat Ram, Jerusalem.-Role in Israeli Government :The legislative branch of the Israeli government, the Knesset passes all laws, elects the President and Prime Minister , approves the cabinet, and supervises the work of the government...
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
Israel Bar Association
The Israel Bar Association is the bar association for all Israeli lawyers.The Israel Bar is organized as a corporation, with a Central Committee, a National Assembly and five districts. Membership is mandatory for lawyers licensed in Israel. The top positions are filled by elections held every...
, 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
Aharon Barak
Aharon Barak is a Professor of Law at the Interdisciplinary Center in Herzliya and a lecturer in law at the Hebrew University of Jerusalem, the Yale Law School, and the University of Toronto Faculty of Law....
and Yitzhak Zamir
Yitzhak Zamir
Yitzhak Zamir is a professor of public law and Dean of the Hebrew University of Jerusalem's Faculty of Law, a former Attorney General of Israel, first Dean of the University of Haifa's Law Faculty, and Judge in the Israeli Supreme Court.-Biography:Zamir was born in Warsaw in Poland on April 15,...
, who came to the position from academia
Academia
Academia is the community of students and scholars engaged in higher education and research.-Etymology:The word comes from the akademeia in ancient Greece. Outside the city walls of Athens, the gymnasium was made famous by Plato as a center of learning...
, 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. Sometimes internal interests, as opposed to the official attitude of respecting the independence of the position brings the government to seek one who will do its bidding with little questioning. Such interests led to a scandal in the mid-1990s appointing of Roni Bar-On
Roni Bar-On
Roni Bar-On is an Israeli politician and lawyer. He currently serves as a member of the Knesset for Kadima and is a former Minister of Finance.-Biography:...
as legal adviser to the government. There were suspicions that the appointment was part of a deal intended to provide leniency for Aryeh Deri
Aryeh Deri
Aryeh Deri is an Israeli politician, and former leader of Israel's Shas Party.-Biography:After Deri was convicted of taking $155,000 in bribes while serving as Interior Minister and given a three-year jail sentence in 2000, he was replaced by Eli Yishai...
in his corruption case. Those events were coined in the media as the "Bar-On Hebron affair". In light of this, the appointment of Bar-On as the legal adviser was not well received within the judicial community where many also thought him lacking the personality and legal acumen necessary for the job, all of which quickly led to the loss of his appointment when he resigned only one day after taking the oath of office.
Deputy positions
- Deputy Attorney General for consultation
- Deputy Attorney General for legislation
- Deputy Attorney General for Mishpat Ivri
- 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
List of Attorneys General
| Name | Term |
|---|---|
| Ya'akov Shimshon Shapira Ya'akov Shimshon Shapira -Biography:Shapira was born in Kirovograd in the Russian Empire in 1902. He studied in a Yeshiva and later studied medicine at the University of Kharkov. He was active in the Zionist socialist Movement and was incarcerated for his activism from 1923 to 1924... |
1948–1950 |
| Haim Cohn | 1950–1960 |
| Gideon Hausner Gideon Hausner Gideon Hausner was an Israeli jurist and politician. Between 1960 and 1963 he served as Attorney General, and was later elected to the Knesset and served in the cabinet.... |
1960–1963 |
| Moshe Ben-Ze'ev Moshe Ben-Ze'ev Moshe Ben-Ze'ev was an Israeli jurist who served as Attorney General between 1963 and 1968.Previously Ben-Ze'ev worked as a judge in the Haifa District court, and had been closed to the ruling Mapai party in the 1950s. He replaced Gideon Hausner as Attorney General in early 1963, after Hausner had... |
1963–1968 |
| Meir Shamgar Meir Shamgar Meir Shamgar was President of the Israeli Supreme Court from 1983 until 1995.-Biography:Shamgar was born Meir Sterenberg in the Free City of Danzig to Eliezer and Dina Sterenberg.He emigrated to Palestine in 1939.He was arrested by the British in 1944 for anti-British activity and being... |
1968–1975 |
| Aharon Barak Aharon Barak Aharon Barak is a Professor of Law at the Interdisciplinary Center in Herzliya and a lecturer in law at the Hebrew University of Jerusalem, the Yale Law School, and the University of Toronto Faculty of Law.... |
1975–1978 |
| Yitzhak Zamir Yitzhak Zamir Yitzhak Zamir is a professor of public law and Dean of the Hebrew University of Jerusalem's Faculty of Law, a former Attorney General of Israel, first Dean of the University of Haifa's Law Faculty, and Judge in the Israeli Supreme Court.-Biography:Zamir was born in Warsaw in Poland on April 15,... |
1978–1986 |
| Yosef Harish Yosef Harish Yosef Harish was an Israeli jurist who served as the country's Attorney General between 1986 and 1993.-Biography:Born in Jerusalem in 1923, Harish was educated in a yeshiva... |
1986–1993 |
| Michael Ben-Yair Michael Ben-Yair Michael Ben-Yair is a former Attorney-General of Israel.-External links:* - Michael Ben-Yair, Haaretz, 3 March 2002... |
1993–1997 |
| Roni Bar-On Roni Bar-On Roni Bar-On is an Israeli politician and lawyer. He currently serves as a member of the Knesset for Kadima and is a former Minister of Finance.-Biography:... |
1997 |
| Elyakim Rubinstein Elyakim Rubinstein Elyakim Rubinstein was the Attorney General of Israel from 1997 to 2004 and is currently serving as a Judge on the Supreme Court of Israel.Rubinstein, a lifelong Israeli diplomat and civil servant, has had an influential role in that country's internal and external politics, most notably in... |
1997–2004 |
| Menachem Mazuz Menachem Mazuz Menachem Mazuz is an Israeli jurist, who served as the Israeli Attorney General in the years 2004-2010. Mazuz was born in Djerba, Tunisia, the fourth in a family of nine children of the rabbi of one of the island's Jewish communities... |
2004–2010 |
| Yehuda Weinstein Yehuda Weinstein Yehuda Weinstein is an Israeli lawyer and the Attorney General of Israel, having replaced the previous attorney general, Menachem Mazuz, on 1 February 2010.-Biography:... |
2010– |
External links
- Attorney General on the Israeli Ministry of Justice website (in Hebrew)
- Gad BarzilaiGad BarzilaiGad Barzilai is a scholar of political science and law, famous for his work on the politics of law, human rights and communities. He is a professor of law, societies and justice, and international studies at University of Washington...
and David Nachmias, The Attorney General: Authority and Responsibility. Israel Democratic Institute 1997.