Israeli Government Challenges Supreme Court Rulings Amid Rising Constitutional Crisis

On January 28, 2026, the Israeli government made a controversial decision that, while not directly violating a Supreme Court ruling, effectively ignores its practical implications. This move has sparked widespread public debate about the consequences if the government ceases to comply with the Supreme Court's decisions, raising concerns about a looming constitutional crisis.

The article highlights the role of Supreme Court Justice Yitzhak Amit, who in a minority opinion regarding the Civil Service Commission, disregarded explicit legal provisions and even contradicted his own previous rulings. Amit justified this by citing "different times" and the nature of the current government, effectively overriding the law to preserve established power structures. Similarly, Amit intervened in the Second Authority for Television and Radio Council, dismissing members appointed by the current government and reinstating those from the previous administration, enabling the approval of a contentious Channel 13 deal despite legal and ethical questions.

This behavior is linked to the doctrine of Nazi legal theorist Carl Schmitt concerning the "state of exception," where law is suspended in favor of power struggles between "friend" and "enemy." Amit's actions reflect this approach, treating law as subordinate to political power, which the author argues undermines democratic principles and the sovereignty of the people.

The article further discusses the implications of such a constitutional crisis, using the "security guard test" as an example: if the Prime Minister refuses to dismiss a minister as ordered by the Supreme Court, the decision on enforcement falls to the head of the Shin Bet security service. The appointment of David Zini as head of Shin Bet is seen as crucial, as his loyalty could determine which faction holds power during a legal standoff.

The author, constitutional law expert Professor Moshe Cohen-Eliya, warns that Israel is rapidly approaching a deep constitutional crisis. The government's refusal to recognize the legal authority of bodies like the Second Authority Council, and the Supreme Court's adoption of Schmitt's doctrine, signal a breakdown of the rule of law and democratic governance in Israel.