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Photo: Ido Erez
Ayelet Shaked. Will want to leave a mark before the government collapses
Photo: Ido Erez
Nahum Barnea

There is very little Shaked can do in the Justice Ministry

Op-ed: Two justice ministers tried to revolutionize Israel's legal system and failed; one had extensive political experience, the other had a professional reputation, and they both had the prime minister's full support. Ayelet Shaked has none of that.

One day, one of the ministers of the outgoing government, a Likud member, wanted to carry out a problematic move. When Attorney General Yehuda Weinstein ruled that the move was inappropriate, the minister wasn't offended.

  

 

"We have different audiences," he said to Weinstein. "You are aiming at the Supreme Court; I am aiming at my voters. I accept your decision, as long as my voters know that it's not me – it's you."

 

This quote appears to faithfully reflect the three Netanyahu governments' conduct towards what is known as the rule of law. During the terms of these governments, quite a few bills were submitted in a bid to curb the Supreme Court's power and harm human rights, individual rights and the democratic discourse, and they were all warded off.

 

Netanyahu usually had someone to do this service for him: Weinstein of course, and former Justice Minister Tzipi Livni on the political level. Unlike in any other issue, in this issue Netanyahu didn't demand any credit. He preferred to be the saint whose job is done by others.

 

The question is what will happen in his fourth government, the government which will be established this week. It's a particularly intriguing question because this government's justice minister will be Ayelet Shaked of the Bayit Yehudi party, a diligent and ambitious politician, who has strongly criticized the existing laws and legal establishment in the past.

 

In some sense, what happens to Shaked in the Justice Ministry will point to the fate of the entire government (Photo: Alex Kolomoisky) (Photo: Alex Kolomoisky)
In some sense, what happens to Shaked in the Justice Ministry will point to the fate of the entire government (Photo: Alex Kolomoisky)

 

At this stage in her career, Shaked takes her opinions seriously. She will want to leave a mark, and will want to do it fast, before the 61-member coalition collapses. The issues on her immediate agenda include the law against left-wing NGOs, the nationality law and the law to bypass the High Court. The question is what can she do.

 

If you ask Justice Ministry officials, the answer is: Very little. The justice minister has two important jobs – only two. One is head of the Ministerial Committee on Legislative Affairs, and the other is head of the Judicial Selection Committee. If Shaked survives until February 2016, she will have a certain amount of influence on the selection of the next attorney general – or, alternatively, on extending the current attorney general's term.

 

Tzipi Livni took good advantage of her position as head of the Ministerial Committee on Legislative Affairs in order to curb the influx of radical bills submitted by Likud ministers and Knesset members. Shaked can allegedly use the same power to do the opposite – but it's not that simple. Livni relied on Weinstein and on a consensus in the legal system. And most importantly, it's easier to curb bills than to advance them.

 

Shaked will first and foremost have to gain the support of Finance Minister-designate Moshe Kahlon, who received in the coalition agreement the right to veto some of the right's bills. She will then have to discuss it with the attorney general, who expressed his reservations over three bills in the past; and finally, she will have to make sure that she has a majority in the Knesset. In a 61-member coalition, that's not an easy task.

 

The highlight of the Judicial Selection Committee's work is appointing Supreme Court judges. At the moment, the quota is full. New judges will only be selected in 2017. Even if Shaked survives in the Justice Ministry until then, she will have to get a majority to support her candidate. She can, of course, try to change the makeup of the committee – but she will then encounter the same difficulties I mentioned earlier.

 

Last but not least, the selection of the next attorney general. The selection process gives two people, the prime minister and the Supreme Court president, more power than it gives the justice minister. Assuming that the rules of the selection are maintained, Shaked will have to reach an agreement with both of them – or watch the attorney general's selection on the side. If "special circumstances" are created – when one wants, there is always a cause for a circumstance – it will pave the way to a government decision to extend Weinstein's term.

 

Two justice ministers tried to revolutionize the system – Haim Ramon and Daniel Friedmann. They both had the prime minister's full support, an advantage which will not be given to Shaked. One had extensive political experience; the other had a professional reputation. Nonetheless, they were both stopped. The legal system is that strong.

 

In some sense, what happens to Ayelet Shaked in the Justice Ministry will point to the fate of the entire government. It can be loyal to everything its ministers promised the voters; alternatively, it can stagnate and settle for appointments and budgets. The rhetoric of the government's components during the elections almost calls for the following prayer: Give us a stagnant government, a paralyzed government.

 


פרסום ראשון: 05.11.15, 13:35
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