Herzog Warns Government: Defying Supreme Court Rulings Crosses a ‘Red Line’
Israeli President Isaac Herzog on Sunday sharply criticized the government’s decision to reject a Supreme Court ruling concerning the Second Authority for Television and Radio, warning that refusing to comply with court decisions threatens the country’s unity and constitutional order.
In an official statement released by the President’s Office, Herzog addressed the growing standoff between the government and the judiciary after the cabinet instructed the Second Authority not to follow the High Court’s ruling.
“Statements about refusing to obey rulings of the Supreme Court strike at the heart of the unity of the nation,” Herzog wrote.
He continued, “I have said it before, and I will repeat it again and again—disobeying a court ruling is a red line that must not be crossed under any circumstances.”
The government, however, maintains that the Supreme Court itself has no authority to issue rulings that contradict explicit statutory law, as it argues occurred in the case involving the Second Authority. Ministers contend that the government’s authority derives from the law enacted by the Knesset and that the Court cannot invalidate clear legal provisions.
Earlier Sunday, in what many legal observers described as an unprecedented move in Israel’s judicial history, the cabinet unanimously approved a resolution declaring that it would not recognize the Supreme Court’s ruling regarding the Second Authority for Television and Radio. The proposal was jointly advanced by Communications Minister Shlomo Karhi and Deputy Prime Minister and Justice Minister Yariv Levin, marking a dramatic escalation in the ongoing conflict between the executive and judicial branches.
Under the resolution, the government declared that because the Second Authority’s governing council no longer meets the minimum legal requirements established by law, all of its actions are considered legally void. The resolution stated, “You have no authority to trample the law,” adding, “A ruling that contradicts the law will not be recognized, and decisions made pursuant to it are null and void.”
The dispute stems from a Supreme Court decision issued in mid-June allowing the Second Authority’s council, headed by Mordechai Mordechai, to continue operating despite the collective resignation of six of its members. According to reports, those resignations followed pressure allegedly exerted by associates of the communications minister.
Government officials argue that the council’s remaining membership fell below the two-thirds quorum required under the law governing the Second Authority. Karhi and Levin signed a legal opinion asserting that the council’s current composition clearly violates the statute and that any decisions it makes therefore lack legal validity.
The government resolution further stated, “The government will use every legal tool at its disposal to overturn the court’s decision.” It added, “The rule of law binds all branches of government, including the court itself. A ruling that directly contradicts the clear language of the law cannot be considered binding.”
Although the confrontation has not yet produced immediate practical consequences, legal experts warn that if the Second Authority takes action under the authority of the Supreme Court’s ruling while the government refuses to recognize those actions, Israel could face a full-scale constitutional crisis, forcing government officials to choose whether to obey the cabinet or the Supreme Court.
{Matzav.com}