Government Defies Supreme Court: Constitutional Crisis

In an unprecedented constitutional confrontation, Israel's government voted unanimously Sunday to defy a Supreme Court ruling, declaring it will not recognize any decisions made by the Broadcasting Council that justices restored to power last month. The dramatic cabinet resolution marks an extraordinary escalation in the clash between Israel's executive and judicial branches.

The decision, proposed jointly by Communications Minister Shlomo Karhi and Justice Minister Yariv Levin, states explicitly that the government will treat as "null and void" all actions taken by the Broadcasting Council for the Second Authority, which the High Court reinstated in mid-June despite the body falling below the two-thirds quorum mandated by law.

"When the High Court tramples the law, the state will not lend it a hand," Karhi declared following the vote. "Supreme Court justices are not the Knesset, and arrogance does not grant authority to erase explicit statutory requirements, even if they find them inconvenient. The rule of law is not the rule of judges."

The Legal Flashpoint

The crisis stems from the Supreme Court's June ruling that allowed the Broadcasting Council appointed by the previous government to continue operating despite having lost members, leaving it below the statutory two-thirds threshold required for a valid quorum. The law explicitly states the council cannot function without meeting this requirement.

Sunday's cabinet resolution declares that any decision, approval, appointment or action taken by the council will be considered invalid as long as it fails to meet the legal threshold. The government warned broadcasting industry players not to rely on any regulatory decisions issued by the current council, stating that no claim of reliance or "fait accompli" will be recognized.

Justice Minister Levin provided the constitutional framework for the government's defiance. "The rule of law means the law binds everyone, including the court itself," he stated. "In a democratic state, the Knesset legislates the law, and the court is obligated to implement it. When a ruling stands in frontal contradiction to the language of the law, this is not judicial review but rather a violation of the separation of powers."

Ministers Attack Judicial 'Arrogance'

Communications Minister Karhi delivered particularly sharp criticism of the justices, accusing them of exhibiting "drunkenness of power" by attempting to override explicit statutory language. "Two-thirds is a legal requirement, not a recommendation," he stated. "A council that does not meet the threshold set by the legislator does not exist, and its decisions are worth as much as a garlic peel."

The minister warned that the government would maintain this position in any future case where the court attempts to "trample Knesset laws," signaling that Sunday's vote represents a broader policy shift rather than a response to a single ruling.

Legal experts warned the confrontation could trigger an open constitutional crisis, forcing civil servants, legal advisers and broadcasting industry executives to choose between obeying the executive branch or complying with a final High Court ruling. The situation has no clear precedent in Israeli governance, where the Supreme Court's rulings have traditionally been treated as binding on all state institutions.

Prime Minister Benjamin Netanyahu (Photo: Yonatan Sindel/Flash90)

Pattern of Confrontation

The Broadcasting Council showdown follows a series of escalating clashes between the government and judiciary. Just days earlier, Knesset Speaker Amir Ohana rejected the Supreme Court's proposal to nullify the election of State Comptroller Michael Rabilo and conduct a fresh vote, declaring "the Knesset has already spoken."

That case involved allegations that coalition lawmakers photographed their ballots behind voting screens to prove loyalty to party monitors, violating ballot secrecy requirements. Deputy President Noam Sohlberg had proposed the Knesset re-run the entire comptroller selection process to eliminate what justices termed an "unwanted cloud" over the controversial election.

The government's willingness to openly defy judicial rulings marks a significant departure from past practice, even during periods of tension between the branches. Previous governments, including those led by Prime Minister Benjamin Netanyahu, typically complied with High Court decisions while criticizing them publicly or seeking legislative workarounds.

Sunday's resolution signals the coalition's determination to challenge what ministers characterize as judicial overreach, setting up a potential constitutional crisis with no clear mechanism for resolution. Further developments are expected as the Broadcasting Council attempts to exercise its regulatory authority in the face of the government's explicit non-recognition policy.