In first, government vows to disobey High Court ruling, setting up constitutional crisis
For the first time in Israel’s history, the government openly declared on Sunday that it will not respect a High Court of Justice ruling, escalating its feud with the judiciary to constitutional crisis levels.
In a declaration issued by the cabinet, the government vowed not to respect the High Court’s decision in June to enable the Council of the Second Authority commercial broadcasting regulatory body to resume operations despite lacking a two-thirds quorum of members.
In the resolution proposed by Communications Minister Shlomo Karhi and Justice Minister Yariv Levin, the government stated that it would not recognize any decisions made by the council in its current status.
The fight over the membership of the Second Authority centers around a proposed buyout of Channel 13 by a group of high-tech entrepreneurs, headed by a prominent critic of the government, which the council must approve.
Organizations that petitioned the High Court against the government, including the Union of Journalists in Israel and the Movement for Quality Government, allege that Karhi and the government have tried to assert political control over the council to thwart the buyout.
The court itself, in an interim order in June, all but accused Karhi of unlawfully exerting influence over the council in order to thwart its operations, and by extension, the approval of Channel 13’s acquisition.
“Today, the government unanimously approved a proposal… declaring that it 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,” Karhi and Levin said in a joint statement to the press.
The government argued that the court order violates one of the provisions of the 1990 law for the Second Authority, and said “the government has determined that the rule of law obligates all governmental authorities, including the court,” and that “a ruling that directly contradicts the clear language of the law cannot confer authority that does not exist under the law.”
Karhi accused the judges of the High Court of being “drunk with power,” and said their rulings could not override explicit provisions of the law.
“The rule of law is not the rule of judges. Today, the government made it clear: When the High Court tramples the law,........
