Gad Barzilai. “Can Government Lawyers Save Us? A Comment on Lawyering for the Rule of Law.” Jerusalem Review of Legal Studies, vol.11, no.1 (2015): 20-25.
This article reflects on the global expansion of judicial review, emphasizing how courts—both in liberal and non-liberal democracies—strategically position themselves in shaping public policy. It highlights the growing legalism of political conflict and the vital role played by lawyers, NGOs, and state actors in channeling sociopolitical disputes into constitutional forums. Central to this dynamic is the often-overlooked role of government lawyers, especially in systems where democratic norms are under strain.
Focusing on Yoav Dotan’s in-depth study of the Israeli Supreme Court and its relationship with the Attorney General’s Office, the article underscores how state attorneys navigate between legal professionalism and political loyalty. In backsliding democracies, this relationship becomes critical: government lawyers can serve as both enablers of executive overreach or defenders of judicial independence. Dotan’s work offers a powerful analytical lens to understand how attorneys mediate institutional power struggles in contested political environments.