My Word: Courting constitutional disaster - opinion

Israel is grappling with escalating tensions that some observers describe as a constitutional crisis, particularly as the nation approaches elections scheduled for October 27. The political landscape is marked by sharp divisions, with opposing camps using slogans about the "end of democracy" on the Left and fears of "juristocracy" on the Right.

The immediate trigger for the current dispute involves the Second Authority for Television and Radio, the regulatory body overseeing commercial broadcasting. A wave of resignations in March left the authority without the necessary quorum to approve a significant transaction, specifically an attempt to buy Channel 13. The government argues that without a quorum, the authority cannot legally approve the purchase.

However, the High Court ruled last month that the Second Authority could continue its functions, even without the full quorum, while it considers challenges to new appointments. This ruling directly conflicts with a resolution passed by Communications Minister Shlomo Karhi and Justice Minister Yariv Levin on Sunday. Their resolution states the government will not recognize actions taken by the old council without the legally required number of members, despite the High Court's approval.

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anarchy in the streets and to the collapse of our state

This governmental defiance has drawn criticism from prominent figures, including President Isaac Herzog, Attorney-General Gali Baharav-Miara, and opposition party leaders. Former Prime Minister Naftali Bennett warned that non-compliance with the court could lead to "anarchy in the streets and to the collapse of our state." Justice Minister Levin, however, asserted that the Supreme Court is not superior to the government or the Knesset, stating, "It is equal to them. This is the essence of democracy."

Cabinet Secretary Yossi Fuchs attempted to de-escalate the situation by posting on X/Twitter that the government's statement did not call for non-compliance with the High Court. The situation remains tense as the country navigates these deep institutional disagreements.

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With all due respect, the Supreme Court is not above the other two authorities, above the Knesset and above the government. It is equal to them. This is the essence of democracy.