Attorney General Gali Baharav-Miara on Monday accused the government of violating a High Court of Justice order by failing to create a policy to enforce draft notices sent to tens of thousands of Haredi men who haven’t enlisted.

In a damning position paper filed with the court, Baharav-Miara warned that the government’s refusal to abide by the order represented “a real danger to Israel’s democracy.” The refusal, she claimed, meant the government was ignoring the principle of judicial review, thereby fatally undermining one of the branches of government.

The attorney general accused the government of doing nothing at all to implement the court ruling, and noted it had not expressed any intention of complying.

“When the executive branch does not see itself subject to judicial orders, the judiciary is deprived of its ability to fulfill its constitutional role as a body that oversees the legality of government actions, creating a dangerous opening for the rule of unchecked power,” warned Baharv-Miara.

The attorney general was responding to a request for a contempt of court ruling against the government by the Movement for Quality Government in Israel. The nonprofit filed the motion last week over the government’s failure to draw up effective enforcement policies for ultra-Orthodox draft dodging in accordance with the court order.

Baharav-Miara noted that a court has never ruled the government, or a government agency, to be in contempt of court, and that such a determination would be legally complicated. She did, however, state that the court could order Prime Minister Benjamin Netanyahu to immediately comply with its order.

On November 19, the High Court ordered the government to draw up within 45 days effective enforcement measures, including criminal proceedings and financial sanctions, against male ultra-Orthodox students who have refused to comply with IDF conscription orders........

© The Times of Israel