‘A Red Line’: Israel Faces Constitutional Crisis After Government Rejects Supreme Court Ruling

Prime Minister Netanyahu’s government announced it would defy a Supreme Court ruling, setting off an avalanche of condemnations from the country’s president, the attorney general and opposition lawmakers. The decision was made in response to a June Supreme Court ruling stating its commercial broadcasting regulator “the Second Authority for Television and Radio” could continue to operate despite six board members resigning earlier this year, leaving just nine. The government argues that membership is below the threshold the board needs to operate.The controversy surrounding the Second Authority was spurred by the proposed sale of Channel 13 to a group of high-tech entrepreneurs critical of Netanyahu. Critics argue that the government tried to influence the authority’s composition by appointing new members with politics in mind more than professional qualifications.Communication Minister Shlomo Karhi and Justice Minister Yariv Levin issued a joint statement on Sunday, saying the government “will not recognize any decision, approval, appointment, or action taken by the Council of the Second Authority as long as the council does not meet the explicit minimum requirements established by law.”“The rule of law is not the rule of judges. Today, the government made it clear: When the High Court tramples (on) the law, the state will not comply with it,” Mr. Karhi added. Attorney General Gali Baharav-Miara responded to the government’s decision by calling it “another grave attempt to thwart judicial decisions issued by the High Court”, saying the government tried to “intimidate anyone who seeks to implement those decisions or rely on them.”The decision “undermines the fundamental principles of the rule of law in a democratic state,” she added. President Isaac Herzog lashed out at the government, saying that defying Supreme Court rulings “strike at the heart of the nation’s unity. I have made this clear before, and I will repeat it again and again: Refusing to comply with a court ruling is a red line that must not be crossed under any circumstances.”Opposition Leader Yair Lapid took his criticism further, calling Mr. Netanyahu’s government “illegal.”“We will not accept its rulings and decisions… This decision means that as of today, there is no law in Israel. This is the most serious constitutional crisis in the history of Israel; it is a collapse of the foundations of our democracy,” Mr. Lapid said. Gadi Eisenkot, whose Yashar party has skyrocketed in polls in recent months, called the government’s decision an “assault” on democracy. “Netanyahu is dividing Israel. The citizens of Israel deserve a government that unites the people — not a government that works to divide them.”The feud over the television authority is seen by many in Israel as the culmination of Mr. Netanyahu’s judicial overhaul which was launched on January 4, 2023. The overhaul was an attempt to weaken the Supreme Court through legislation returning power to the government. Many have argued that Israel, which has a set of Basic Laws rather than a constitution, is in need of judicial reform. Nevertheless the overhaul was harshly criticized by the Supreme Court, the attorney general, law scholars and opposition lawmakers, leading to nationwide demonstrations in 2023.

‘A Red Line’: Israel Faces Constitutional Crisis After Government Rejects Supreme Court Ruling

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