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Israel's Cabinet Defies the High Court for the First Time, Triggering a Constitutional Crisis

Elena MarquezPublished 3w ago4 min readBased on 3 sources
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Israel's Cabinet Defies the High Court for the First Time, Triggering a Constitutional Crisis

The Netanyahu government told Israel's Supreme Court on July 5, 2026, that it would not comply with a High Court ruling concerning the Second Authority for Television and Radio — the first time in Israeli history that a sitting government has formally declared its intention to defy a court order.

The ruling in question permitted the Second Authority's council to operate without a full quorum. The Cabinet publicly labeled that order "unlawful," a direct challenge to judicial authority that opposition leaders swiftly framed as a constitutional crisis. Times of Israel Supreme Court President Isaac Amit presided over the original hearing.

The immediate trigger was a live regulatory proceeding: at the time of the Cabinet's announcement, the Second Authority's council was weighing approval of the resale of Reshet 13, the major commercial broadcaster. Washington Examiner Blocking the council from functioning with a below-quorum bench would effectively freeze that transaction.

Israel has no formal constitution, operating instead through a set of Basic Laws that successive governments and the Supreme Court have contested for decades. The Court, under presidents like Aharon Barak, asserted a power of judicial review in the 1990s that was never codified in statute — a claim the right has disputed ever since. The Netanyahu coalition's 2023 judicial overhaul package, which stalled under mass street protest and wartime pressure, was the most recent flashpoint; this week's move is the next escalation in the same structural conflict.

The distinction here is qualitative, not merely political. Prior governments — including earlier Netanyahu governments — have sought to legislate around the Court, delay compliance, or contest rulings through subsequent Knesset action. None formally told the Court, in a response filed in an active proceeding, that its order would simply be ignored. That step crosses a line that Israeli constitutional lawyers have long treated as a red one: the basic expectation that state institutions execute judicial orders regardless of disagreement with their content.

The political calculus is legible. Haaretz Far-right coalition partners have long demanded confrontation with a judiciary they regard as an unelected veto bloc. Control over broadcast licensing — and by extension over which media entities survive commercially — is not a peripheral interest for a government that has clashed repeatedly with mainstream Israeli press. The Reshet 13 resale is therefore not a technical regulatory footnote; it sits at the intersection of coalition politics, media ownership, and the broader contest over who holds authority to make binding law in Israel.

What happens next is structurally unclear. The Court has no enforcement mechanism beyond the presumption of compliance and, ultimately, the political cost of defiance. It can hold ministers in contempt, but executing that sanction requires the same state apparatus that is now declining to cooperate. The Attorney General's office, which has previously served as a friction point between the executive and the judiciary, will face immediate pressure to define its own position. International interlocutors — particularly the United States and European partners already watching Israel's democratic governance through the lens of the war in Gaza — will register this precedent, even if no formal response is forthcoming quickly.

For practitioners in rule-of-law and constitutional design, the episode fits a documented pattern: executives in democratic systems testing judicial authority not through a single dramatic rupture but through incremental normalization of non-compliance. The first instance is always the most consequential, because it establishes that defiance is survivable. Whether the Israeli Supreme Court, the opposition, or civil society can impose a cost sufficient to prevent a second instance is now the operative question.