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AG: Israel Government Violating Haredi Draft Order
Politics

AG: Israel Government Violating Haredi Draft Order

Times of IsraelJan 12
3 min read
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Key Facts

  • ✓ Attorney General Gali Baharav-Miara says the government has failed to take the 'first step' in creating enforcement policies for ultra-Orthodox enlistment.
  • ✓ The government is accused of 'emptying of meaning' the principle of judicial review.
  • ✓ The AG stated the government is violating a court order and is in 'real danger' to democracy.

In This Article

  1. Quick Summary
  2. Failure to Implement Enforcement Policies
  3. Undermining Judicial Review ️
  4. Threat to Democracy ️
  5. Conclusion

Quick Summary#

Attorney General Gali Baharav-Miara has declared that the Israeli government is violating a High Court order regarding the military enlistment of ultra-Orthodox citizens. The statement highlights a critical failure by the government to establish enforcement policies, which the AG argues undermines the principle of judicial review. By failing to act, the government is effectively 'emptying of meaning' the court's decision. The Attorney General further warned that this inaction places the country in a 'real danger' regarding its democratic integrity. The controversy centers on the enforcement of conscription laws and the government's obligation to comply with judicial rulings.

Failure to Implement Enforcement Policies#

Attorney General Gali Baharav-Miara has criticized the government for its lack of action concerning the Haredi draft. According to the report, the government has failed to take the 'first step' required to create specific enforcement policies. These policies are essential for ensuring that ultra-Orthodox men enlist in the military, a requirement that has been the subject of intense political and legal debate. Without these measures, the legal mandate for enlistment remains effectively unenforced.

The absence of a concrete enforcement mechanism renders the court's ruling ineffective. The Attorney General's office argues that this inaction is not merely a delay but a fundamental failure to uphold the law. By neglecting to establish these policies, the government is accused of bypassing its legal responsibilities.

"failed to take 'first step' in creating enforcement policies for ultra-Orthodox enlistment"

— Attorney General Gali Baharav-Miara

Undermining Judicial Review ⚖️#

A central point of the Attorney General's criticism is the concept of judicial review. The report states that the government's failure to act is 'emptying of meaning' this fundamental principle. Judicial review relies on the executive branch's compliance with court rulings to function effectively. When the government ignores a High Court order, it weakens the authority of the judiciary.

This conflict highlights a growing tension between the government and the legal establishment. The AG's statement suggests that the current approach sets a dangerous precedent for the rule of law. If the government can selectively ignore court orders without consequence, the checks and balances system is compromised.

Threat to Democracy 🗳️#

Baharav-Miara characterized the government's stance as placing the nation in a 'real danger' to democracy. This strong language underscores the severity with which the Attorney General views the situation. The warning implies that the issue extends beyond military conscription to the health of the democratic system itself. Upholding the law and respecting judicial decisions are pillars of a functioning democracy.

The refusal to enforce the draft order against the ultra-Orthodox sector, despite a court mandate, is viewed as an erosion of democratic norms. The AG's intervention serves as a formal objection to what is perceived as an overreach or negligence by the legislative and executive branches regarding their legal obligations.

Conclusion#

The statement by Attorney General Gali Baharav-Miara serves as a significant legal and political rebuke of the government's handling of the Haredi draft issue. By accusing the government of violating a High Court order and endangering democracy, the AG has escalated the dispute. The core issue remains the government's failure to implement enforcement policies, which has led to the 'emptying of meaning' of judicial review. Moving forward, the government faces pressure to align its actions with the court's ruling to restore the integrity of the legal system.

"emptying of meaning' the principle of judicial review"

— Attorney General Gali Baharav-Miara

"in 'real danger' to democracy"

— Attorney General Gali Baharav-Miara
#Israel Inside#ultra-Orthodox draft#High Court of Justice#Yossi Fuchs#Gali Baharav-Miara

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