Former Israeli Supreme Court Presidents Condemn Government's Rejection of Second Authority Decisions

Former presidents of the Israeli Supreme Court have publicly condemned the government’s recent decision regarding the Second Authority for Television and Radio. In a letter released on Monday, Aharon Barak, Dorit Beinisch, Asher Grunis, Esther Hayut, and Uzi Fogelman warned that the government’s move represents an unprecedented challenge to the rule of law and democracy. They described the decision as a call to disregard and disobey court rulings, calling it "the last nail in the coffin of democracy." The letter emphasized that this action disrupts the balance of government and judicial authority, potentially leading to anarchy and the concentration of power in a single body, which would undermine proper governance.

The government unanimously approved a proposal by Communications Minister Shlomo Karhi and Justice Minister Yariv Levin to refuse recognition of any decisions, appointments, or actions taken by the Second Authority’s council if it does not meet the legal quorum requirements. This decision follows a Supreme Court ruling on June 17 that ordered the continuation of the council’s activities despite the government’s claim that the number of serving members was below the legal minimum.

The government’s resolution stated that the rule of law binds all branches of government, including the judiciary, but that court rulings contradicting the explicit language of the law cannot grant authority that does not exist. It further declared that the government will not recognize actions taken by a council that fails to meet statutory conditions and will reject any reliance on such decisions by entities in the communications market. The former justices urged the government to acknowledge the fundamental principle that court rulings and decisions must be respected to prevent destructive consequences for Israeli democracy.