Rothman aide’s book against ‘judicial nihilism’ sent to dozens of judges

Dozens of judges have recently received a book written by a former researcher for the Kohelet think tank and current legal adviser to far-right Religious Zionism MK Simcha Rothman, a leading figure behind the coalition’s judicial overhaul moves.

The volume by Shimon Nataf, “Interpretation of Legislation in Israel,” critiques the judicial system, specifically targeting former Supreme Court chief justice Aharon Barak, whose activist approach during his 28 years as a Supreme Court justice has been slammed by the right as overstepping the role of the court.

The book is not available to the general public and was distributed to judges by Kohelet and the publisher. It was unclear why the judges received the book or if they requested them.

According to the Haaretz daily, which first reported Thursday on the distribution of the books, the judiciary views the move as an attempt to influence judges, with Kohelet wanting it to be quoted in court rulings to further legitimize the right-wing think tank’s positions.

“In the book, there is a historical review and a normative and critical analysis of the method of judicial interpretation of legislation that is practiced in Israel,” a letter addressed to judges read.

“We hope you will find something of interest in the book,” the letter added.

Kohelet researchers played key roles in developing many of the new government’s policies regarding the judiciary. Justice Minister Yariv Levin has cited Aviad Bakshi, the head of the institution’s legal department, as one of the scholars he consulted while drawing up the far-reaching proposals.

Rothman, who heads the Knesset Constitution, Law and Justice Committee and has been rapidly and controversially piloting elements of the overhaul legislation through the committee since the coalition took office in January, appointed Nataf as his legal adviser earlier this year.

According to Nataf’s book, the precedent set by Barak during his time as chief justice “authorizes the court to deviate from the decision of the legislature” and gives justices the “authority to reform legislation.”

The book derides Barak’s approach as “legal nihilism,” arguing it was unique among other judicial systems in the world and lacks checks and balances.

Barak has been a vocal opponent of the overhaul proposals and has backed the mass demonstrations against them, declaring in January that he was willing to go before a firing squad to stop the measures.

While he is considered one of Israel’s great legal minds and the country’s most influential judge, Barak has faced criticism, mainly for his majority opinion in a 1995 Bank Mizrahi ruling that gave constitutional status to the country’s Basic Laws.

Attorney Barak Laser, the legal adviser to the Court Administration, told Haaretz that ethics rules allow judges to receive books from the author but cannot be forced to accept them.

Laser said that if judges want a book, they can pick up a copy at the secretariat.

“The rest of the books that aren’t distributed must be returned to the publisher. Books placed on the judges’ table should not be collected unless the judges ask for them to be returned,” he said.

Times of Israel staff contributed to this report.