Netanyahu is pushing Israel toward a constitutional crisis by ignoring court ruling - editorial

The Israeli government has taken an unprecedented step by approving a unanimous decision that it reserves the right to disobey High Court rulings. This move escalates the long-standing confrontation between the executive and judicial branches, risking a significant constitutional crisis.

Ministers have frequently called for disregarding Supreme Court decisions they disagree with, but Sunday's official declaration marks a distinct escalation. The government's response to the court's interim order freezing the activities of the Second Authority, the regulator for commercial television and radio broadcasters, has drawn sharp criticism.

The controversy stems from appointments to the Second Authority's council. Petitioners argued that several members have unresolved conflicts of interest, exhibit political bias, and were selected through a flawed process that could compromise the regulator's independence. Notably, Yifat Ben Hay-Segev, appointed council chair, testified in Prime Minister Benjamin Netanyahu’s Case 4000 trial in 2022, raising questions given Netanyahu's involvement in approving her appointment.

Justice Alex Stein issued an interim order to freeze the council's activities while the petitions undergo judicial review. This order came after the state failed to meet the court's deadline for submitting its response, instead requesting more time. The court has not yet made a final ruling on the appointments themselves, but determined that a body with significant regulatory authority should not commence operations until legal questions surrounding its composition are resolved.

While governments are entitled to believe courts have overstepped their authority, the government's explicit declaration to disobey rulings represents a dangerous precedent. The editorial argues that this confrontation threatens the balance of power within Israel's governance structure.