In her remarks at the Haifa Law Conference held at the University of Haifa, the Legal Adviser to the Government referred to the process in which regime moves should be promoted: “I do not dispute the importance of critical thinking in relation to the existing regime structure. Changes are sometimes forced by reality. But the idea according to which it is true or possible to make a deep change in the fabric of the regimes at the stroke of a sword, is wrong in my opinion. Fundamental regime change requires in-depth thinking and informed judgment.”
As for the issue of increasing governance: “There is no dispute that the elected echelon is the one that should govern. This is the basic democratic principle. Effective governance is essential for the prosperity of the country and the realization of the voter’s will. Not only do we not disbelieve in this, we will also assist the government in doing so. This is our role. But without judicial review and independent legal advice, we will give up with the principle of majority rule only. Oh and nothing else. Democracy in name, but not in essence.”
The legal adviser to the government stated that the proposals that are on the agenda did not propose mechanisms to balance the power of the majority and to ensure 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.”
She added that the power of the law enforcement system, its public legitimacy and the moral validity of its actions, are based on its being professional and detached from extraneous considerations: “Politicization of the law enforcement system will lead to serious damage to 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.”