Israel Deep in Constitutional Crisis, Experts Argue

Experts from the Forum of Senior Public Service Alumni argue that Israel is already mired in a constitutional crisis, diverging from common definitions that focus solely on the legislative or executive branches refusing judicial orders. Instead, they define a crisis as a situation where two or more independent branches of government issue contradictory directives.

The article points to recent Supreme Court rulings, particularly concerning the appointment of the Civil Service Commissioner, as evidence of this crisis. In one instance, Justice Amit questioned the Prime Minister's authority to appoint whomever he pleased, suggesting the Knesset should change the law if it disagreed. The authors contend that the judiciary's disregard for Knesset legislation constitutes a constitutional crisis, citing a documentary series and remarks by retired Justice Danziger, who dismissed Knesset laws as products of 'random majorities.'

Furthermore, the authors highlight instances where the executive branch, specifically the Attorney General's office, allegedly fails to comply with court orders. They cite the case of the Civil Service Commissioner appointment, where the Attorney General's representative introduced a last-minute disciplinary investigation against candidate Ro'i Kahlon. Despite the Supreme Court ruling that Kahlon be appointed acting commissioner for three months, the Attorney General's office allegedly prevented his effective functioning by prohibiting senior officials from working with him and denying him access to the commissioner's email.

The authors question whether the lack of public outcry over these perceived breaches indicates that a constitutional crisis is not as dire as often portrayed, or if such crises are only deemed significant when initiated by elected officials disliked by the public. The piece is authored by Dr. Odelia Minnes and Adv. Aharon Hinman, Chairman and CEO of the Forum of Senior Public Service Alumni.