Legal Advising in Times of Emergency: Dilemmas and Lessons Learned with Yael Dekel-Shafrir moderated by Ran Riding

The talk will examine the role of government legal advisors during periods of national emergency, drawing on Israel’s experience during COVID-19 and large-scale security emergencies.
In each of these moments, the executive branch was required to act quickly, often through emergency regulations and fast-tracked legislation, while operating within a constitutional framework that demands legality, proportionality, transparency, and judicial review. Dekel-Shafrir will explore the institutional role of the Israeli Ministry of Justice and the government’s legal advisory system in navigating these tensions.
The discussion will address questions such as:
• How should emergency powers be exercised without normalizing exceptional measures?
• What safeguards can realistically be preserved when legislation is enacted under urgent conditions?
• How do legal advisors balance executive necessity with judicial oversight and the protection of rights?
• How can governments maintain public trust when restricting movement, economic activity, or civil liberties?
• What does it take to return from “emergency governance” to constitutional normalcy?
Using concrete examples from COVID-19 regulations, rapid legislative processes, administrative adaptations, and subsequent judicial scrutiny, Dekel-Shafrir will reflect on broader comparative lessons about institutional resilience and democratic accountability in times of crisis.

Yael Dekel-Shafrir is the head of the Special Affairs Unit at the Attorney General’s Office in Israel and a student in the mid-career Master of Public Administration Program at the Harvard Kennedy School as a Fulbright Fellow. Based in Israel, Yael has dedicated her career to advancing democratic values and the rule of law.
As a legal professional, Yael addresses critical constitutional challenges, safeguarding democratic institutions within complex societal and political changes. Previously she served as director of the Department of Economic Law, leading significant governmental legislation and policy initiatives, and as a member of the Administrative Enforcement Committee of the Israel Securities Authority. Her exceptional contributions, including her leadership in shaping the Arrangements Law, earned her the Ministry of Justice Excellence Award in 2022. Earlier in her career, Yael prosecuted economic crimes at the State Attorney’s Office. She holds an LLM (magna cum laude) from Bar-Ilan University and an LLB from Tel Aviv University.