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HomeRead, Watch, ListenIsrael
Israel Votes 2026ExplainerIsrael

Netanyahu government rejects High Court ruling, sparking constitutional crisis

With an election looming, Israel's constitutional crisis is no longer just about judicial reform but about who will have the final authority to referee the democratic process
Shahar Burla
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Israeli Supreme Court judges assemble to hear four petitions calling for the removal of Israel’s hardline National Security Minister Itamar Ben-Gvir in April 2026 (Ronen Zvulun/POOL/AFP via Getty Images)

Published: 9 July 2026

Last updated: 13 July 2026

The latest confrontation between Benjamin Netanyahu's government and Israel's High Court of Justice is ostensibly about the regulation of commercial television and radio. In reality, it is about something far more significant: whether the government accepts the judiciary's authority as the final interpreter of the law.

For the first time in Israel's 77-year history, the government has formally declared that it will not recognise the practical effect of a High Court ruling.

The dispute comes amid a series of escalating confrontations between Netanyahu's coalition and the judiciary. Within days, the High Court overturned the appointment of Netanyahu's former lawyer as state comptroller, while the coalition accelerated legislation that would reshape the judicial system, weaken the Attorney General's office and expand government influence over the media.

Taken together, these developments suggest the latest clash is not an isolated legal disagreement, but part of a broader campaign to redefine the balance of power between Israel's democratic institutions.

The timing is equally significant. With elections expected in October, the coalition appears increasingly determined to challenge the authority and legitimacy of the judiciary, the institution ultimately responsible for adjudicating disputes over the legality of government actions, including matters arising from the electoral process. Critics argue that weakening public confidence in the courts before the election could lay the groundwork for questioning their authority should the outcome prove politically unfavourable to the government.

What sparked the latest confrontation?

The immediate dispute centres on Communications Minister Shlomo Karhi's proposal to overhaul Israel's broadcasting regulation. His legislation would abolish the existing Second Authority for Television and Radio, together with the Cable and Satellite Broadcasting Council, replacing them with a new regulator whose members would be largely appointed by government ministers. Supporters describe the proposal as long-overdue regulatory reform. Opponents argue it would substantially increase political influence over commercial broadcasting.

For the first time, the government has publicly questioned whether a High Court order should be treated as binding

The issue has become particularly sensitive because the current regulator is still considering several politically important decisions, including whether the pro-Netanyahu Channel 14 should continue receiving regulatory concessions as a “small channel” and the proposed acquisition of Channel 13 by a billionaire businessman with links to the opposition.

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While the legislation progresses through the Knesset, journalist organisations petitioned the High Court, arguing that the government's appointments to the new authority were legally flawed because of concerns over political interference, conflicts of interest and the rushed appointment process.

On June 17, the High Court ordered that the existing regulator continue operating until the petitions are heard.

The court did more than simply suspend the government's appointments. Several members of the outgoing broadcasting council had resigned shortly before the hearing, creating the possibility that the regulator would lose the quorum needed to function. The justices said the timing of those resignations created a “heavy suspicion” they were intended to frustrate earlier court rulings and prevent the court from properly considering the petitions.

To preserve the status quo, the court ruled that the resignations would not be counted when determining whether the council had a quorum, allowing it to continue operating until the legal challenge is resolved. The judges described the decision as an exceptional measure justified only by exceptional circumstances.

Why has the government's response caused alarm?

Rather than criticise the ruling or seek further legal avenues, as previous governments have generally done, the cabinet declared that it would not recognise decisions made by the existing broadcasting authority under the court's interim order.

The government argued that the High Court had exceeded its authority by effectively overriding legislation passed by the Knesset. Communications Minister Shlomo Karhi accused the judges of placing themselves above parliament, insisting that “the rule of law is not the rule of judges”. Justice Minister Yariv Levin similarly argued that the court had violated the separation of powers by contradicting legislation approved by elected representatives.

Cabinet Secretary Yossi Fuchs later argued the government was not refusing to obey the court, but merely pursuing “all legal means” to overturn what it viewed as an unlawful decision.

Nevertheless, constitutional scholars argue the significance lies less in the immediate practical consequences than in the precedent. For the first time, the government has publicly questioned whether a High Court order should be treated as binding. 

That transforms a dispute over broadcasting regulation into a fundamental question about who has the final authority to interpret Israeli law.

Why do critics believe this is about much more than broadcasting?

The broadcasting dispute is only the latest chapter in a much broader confrontation. Only days earlier, the High Court unanimously invalidated the appointment of Netanyahu's former lawyer, Michael Rabello, as state comptroller after ruling that the Knesset vote had breached the requirement for secret balloting.

Rather than immediately organise a new vote, coalition figures indicated they might seek ways to avoid complying with the ruling.

Weakening public confidence in the courts before the election could lay the groundwork for questioning their authority should the outcome prove politically unfavourable

Meanwhile, the coalition is advancing several controversial bills before the Knesset rises for the election campaign. These include legislation to split the Attorney General's role, further reforms to broadcasting oversight and renewed judicial overhaul measures that would significantly reshape the relationship between the executive, legislature and judiciary.

Many of these laws are already expected to face High Court challenges. The result is a growing cycle in which the coalition passes legislation expanding executive authority, the court reviews its legality, and the government increasingly challenges the court's legitimacy.

Why does the approaching election matter?

The political context helps explain why tensions have intensified. Israel is expected to hold elections in October, leaving the coalition with only a narrow parliamentary window to advance its legislative agenda. The legislative timetable demonstrates the government's determination to pass as much of its agenda as possible before voters return to the polls.

At the same time, many of these laws are likely to end up before the High Court, placing the judiciary at the centre of Israel's political debate just months before the election. The coalition, therefore, appears increasingly determined to challenge the authority and legitimacy of the judiciary, the institution ultimately responsible for adjudicating disputes over the legality of government actions, including matters arising from the electoral process.

The government is increasingly portraying the judiciary as an unelected institution obstructing the will of the elected government. The debate is therefore no longer simply about judicial review. It has become a contest over which institution has the final democratic legitimacy to determine the limits of government power, and, potentially, to adjudicate disputes arising from the election itself.

How have Israel's institutions responded?

The reaction has reflected the seriousness of the confrontation. President Isaac Herzog described the government's decision as a “red line” that should never be crossed. Attorney General Gali Baharav-Miara argued the cabinet's position had no legal foundation and undermined the rule of law.

The High Court itself responded with unusually strong language, warning that failure to comply with court rulings threatens the very foundations of democratic government. Without respect for judicial decisions, the court warned, the distinction between the rule of law and anarchy becomes dangerously thin.

All living former presidents of the Supreme Court also issued a rare joint statement, describing the government's position as “the last nail in the coffin of democracy”.

Opposition leader Yair Lapid argued that a government refusing to accept High Court rulings risks losing its own legal legitimacy, while several opposition lawmakers urged public officials to continue following the court's orders regardless of the cabinet's position.

What happens next?

For now, the immediate practical consequences may be limited because many regulatory decisions are implemented by professional authorities rather than ministers themselves. The larger concern is what happens when the next confrontation involves a court ruling that requires direct government action.

If ministers, civil servants or regulators are forced to choose between obeying the cabinet and obeying the High Court, Israel would enter uncharted constitutional territory. That is why many legal experts see the broadcasting dispute as a warning rather than an isolated incident.

The dispute is not simply about television regulation, nor even about judicial reform. It is about whether the institutions responsible for limiting executive power will continue to command public authority.

With elections approaching, the government's increasingly confrontational approach towards the judiciary suggests that the struggle over Israel's constitutional order is entering a new and potentially more dangerous phase. The growing effort to challenge the legitimacy of the courts appears closely tied to the approaching election campaign, raising concerns that the judiciary itself could become the next battleground if the electoral outcome is disputed.

Whether that scenario materialises remains uncertain. What is already clear is that Israel's constitutional debate has moved beyond questions of legal reform and into a broader contest over the rules by which the country's democracy will operate.

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About the author

Shahar Burla

Shahar Burla

Dr Shahar Burla is a Sydney-based researcher, lecturer and Contributing Editor of TJI. Shahar holds a Master’s degree in political science from Hebrew University and a PhD in political science from Bar-Ilan University. He is the author of Political Imagination in the Diaspora: The Construction of a Pro-Israeli Narrative (2013) and co-editor of Australia and Israel: A Diasporic, Cultural and Political Relationship (2015).

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Comments1

  • Avatar of Steve Holstein

    Steve Holstein9 July at 10:07 am

    Many fail to realize that Israel’s Supreme Court is the literal only independent check on government power. There is no upper house, no federal state system, and the presidency is purely ceremonial. While 8 of the 15 Supreme Court judges may be categorized as non-Likud / right-wing, the court’s rulings on core institutional issues have traditionally enjoyed broad consensus.
    The term ‘Constitutional Crisis’ does not convey the terrifying reality. Netanyahu is desperate to avoid serious corruption charges. Under his extreme-right National Security Minister Ben-Gvir, the police have been unprecedentedly politicized. The fact that we have seen zero accountability or charges for violent attacks on independent judges, progressive rabbis, and even military bases shows how close to the brink the system is.