Knesset passes first reading of controversial bill to split attorney-general's role - analysis

Israel's Knesset has passed the first reading of a contentious bill that proposes to divide the powers of the attorney-general's office between two distinct roles: an attorney-general and a prosecutor-general. Supporters frame this move as a necessary correction to an overly powerful legal position, while critics warn it could reshape the fundamental relationship between the government, its legal advisors, and the judiciary.

The bill, championed by MK Simcha Rothman of the Religious Zionist Party, aims to separate the functions currently held by Israel's attorney-general. This single role traditionally encompasses advising the government, representing the state in legal proceedings, heading the state prosecution, and making final decisions on major criminal cases involving public officials. The proposed legislation would create one official to advise the government and represent the state, and another to lead criminal prosecutions.

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If we are a country in which governing power is effectively in the hands of the attorney-general, then splitting the attorney-general's role is a necessary step to return power to the people.

Proponents, including Rothman, argue that the current system concentrates excessive power in the hands of an unelected official. Rothman stated at a recent conference, "If we are a country in which governing power is effectively in the hands of the attorney-general, then splitting the attorney-general's role is a necessary step to return power to the people." He questioned whether all governing authority should reside with a figure not chosen by the public.

However, legal scholars express significant reservations. Professor Barak Medina, a prominent legal expert and former rector of Hebrew University, acknowledged that splitting the attorney-general's powers could be justifiable in principle. Yet, he stressed that such a fundamental change requires a thorough, professional, and nonpartisan process. "This is an issue that is so central to the Israeli legal system that it must be based on a thorough discussion by a professional committee," Medina told The Jerusalem Post. Critics argue that this bill represents a rushed and politically motivated attempt to alter the legal landscape without adequate deliberation.

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This is an issue that is so central to the Israeli legal system that it must be based on a thorough discussion by a professional committee.