Since the mid 1970s, following the Yom Kippur War—and especially after the political upheaval of 1977 which brough Likud to power for the very first time —the role of Israel’s Attorney General has gradually shifted. Once intended to serve as the government’s legal representative, the Attorney General has increasingly assumed the role of a law enforcer wielding absolute authority over government activity through the Supreme Court which uses him (or her) as a mini-dictator with veto power.
Israel’s legal system is widely recognized as profoundly undemocratic. It is the only system in the world where:
- The Supreme Court strikes down laws without a constitution.
- Laws are invalidated based on judicial doctrines unrelated to actual legislation.
- Dismissals of public officials are initiated through judicial-administrative review with no legal basis.
- The government is subordinated to the legal opinions of the Attorney General.
- Ministers are denied independent legal representation in court.
- Senior appointments in the public service are subject to an unchecked veto by unelected legal advisors.
- And the Judges are not even elected by the public or government/legislator but by a semi-secretive forum where the judges themselves enjoy veto power.
There is no precedent for such a system in modern democratic history.
There are many reasons for this legal takeover, but the most significant is arguably the failure of the Likud Party, which has governed Israel roughly 75% of the time since the 1970s. Contrary to popular belief, and aside from the last two years, Likud politicians have often willingly submitted themselves to this legal elite, even empowering it for their own political convenience.
Now, we face a remarkable situation: a public servant—Shin Bet Director Ronen Bar—who is legally obligated to follow the government’s orders, has declared he will not resign and will instead follow the guidance of judicial authorities over the elected government.
It appears that the monster Likud helped create—the regime of the Supreme Court and the Attorney General—has now turned against its creator.
It was Likud that accepted the "constitutional revolution" following the assassination of Rabin as normative. It was Likud that supported the creation of a special committee for appointing and dismissing the Attorney General. And it was Likud leader Benjamin Netanyahu who once proudly took credit for blocking any attempts to curb the power of the Attorney General.
Now, the court and its allied apparatus—legal advisors, prosecutors, senior bureaucrats, and to a large extent even the defense and intelligence establishment—accustomed to unrestrained power under Likud-led governments, may be facing a new Likud, one that no longer bows down without question.
Against this backdrop, my bet is that a large-scale strategic security operation against Iran is being prepared before Ronen Bar's expected dismissal on April 10. Otherwise—why would Netanyahu walk headfirst into such a multi-front confrontation?
