Constitutional crisis? Israeli gov't declares not honor Supreme Court's rulings regarding TV and radio
In its decision, the government said that the rule of law applies to every branch of government, yet it argued that a court ruling cannot create powers that are not granted by law.
The Israeli government voted unanimously on Sunday to reject any decisions made by the Second Authority Council for Television and Radio as long as the council 'does not meet the minimum legal requirements set by law.'
The proposal was brought by Communications Minister Shlomo Karhi and Deputy Prime Minister and Justice Minister Yariv Levin.
Why did the government make this decision?
The move follows a ruling by Israel's Supreme Court last month. The court ordered the return of the previous government's Second Authority Council, even though the number of serving members had fallen below the minimum required by law.
The Second Authority is the government body that oversees Israel's commercial television and radio broadcasters. Israeli law requires the council to have a minimum number of members in order to legally make decisions. The government argues that because the council no longer meets that legal requirement, it has no authority to approve appointments or make other official decisions.
What did the government say?
In its decision, the government said that the rule of law applies to every branch of government, including the courts. It argued that a court ruling cannot create powers that are not granted by law. As a result, it said it will not recognize any appointments, approvals, or other actions taken by a council that does not meet the legal requirements.
The government also said it would not accept claims from companies or other parties in the media industry that they relied on decisions made by the council while it was operating below the legal threshold.
Ministers criticize Supreme Court
Communications Minister Shlomo Karhi sharply criticized the Supreme Court, saying judges cannot ignore clear legal requirements passed by the Knesset.
"The judges of the Supreme Court are not the Knesset," Karhi said. "The rule of law is not the rule of judges."
Justice Minister Yariv Levin also defended the government's position, saying that in a democracy, the Knesset writes the law and the courts are responsible for applying it.
"When a court ruling directly contradicts the wording of the law, it harms the principle of separation of powers," Levin said. He added that the government would continue using legal means to ensure that "the law, and only the law," is the source of government authority.
Why it matters
The dispute is the latest chapter in the ongoing tension between Israel's government and the Supreme Court over the balance of power between elected officials and the judiciary.
The government's decision could lead to further legal and constitutional challenges, as it raises questions about whether the executive branch can refuse to recognize actions taken under a Supreme Court ruling.