Gali Baharav-Miara
Gali Baharav-MiaraShir Torem/Flash90

Attorney General Gali Baharav-Miara issued a 112-page opinion Thursday afternoon in which she claimed that the government's proposed judicial reforms would cause "serious damage to the system of checks and balances" between the three branches of government.

Baharav-Miara submitted her position to Justice Minister Yariv Levin and the Knesset Constitution Committee.

In her opinion, the attorney general wrote: "Each of the proposed reforms, and certainly their accumulation, will lead to serious damage to the system of checks and balances between the authorities. Each of the proposed reforms raises substantial difficulties, which go to the root of the principle of the separation of authorities, judicial independence and the professionalism of the judiciary, the protection of individual rights, the rule of law, and the preservation of proper governance. Acceptance of the proposed reform will lead to a regime structure in which the executive and legislative authorities have broad and practically unlimited authority, which has no built-in response to a possible fear of misuse of legislation or Basic Laws for the purpose of circumventing judicial review, or of harming the central characteristics of the state as a Jewish and democratic state."

She also stated that she believes the bill will harm democracy. "Because the proposed reforms are unusual compared to democratic countries throughout the world, and the warnings that they will change the perception of the legal system as a professional, independent and apolitical system. There is no disputing the centrality of the principle of majority rule in a democratic society. On the other hand, a fundamental insight into a democratic regime is that the governing authorities are not able to hold unlimited power, which is a sure recipe for violating human rights and proper governance. There is no answer to this in the proposed memorandum."

"Dramatic regime changes concerning the central democratic characteristics of the state should be made in a balanced and orderly process to formulate a balanced and comprehensive manner, after in-depth staff work, while consulting with all the relevant parties. It was suggested that in coordination with the Minister of Justice, such work would include a broad examination of the fabric of relations between the authorities, for example within the framework of the Basic Law: Legislation," she added.