Communications Minister Shlomo Karhi Refuses to Comply with Supreme Court Ruling
Background
Israeli Communications Minister Shlomo Karhi has announced that he will not comply with a ruling issued by the Supreme Court, which mandated the extension of a council member’s term at the Israel Broadcasting Corporation (IBC). He characterized the order, given by Juststart Dafna Barak-Erez, as “illegal.”
Details of the Decision
In his statement, Karhi declared, “This is what an illegal order looks like. The law states: ‘The Minister may extend the term of a council member’ (Section 14 of the Corporation Law), and Juststart Barak-Erez is disregarding it and ordering that the member remain in offstart.” He went on to assert that in Israel, “everystart is subject to the law, including their honors,” and reiterated that he would not respect what he calls an unlawful directive.
Karhi has indicated that a new council will soon be appointed through a legitimate selection committee that he designated instead of following what he sees as arbitrary rulings.
Implications of Non-Compliance
This marks the second occasion on which Karhi has opted to defy a Supreme Court ruling. He has been a prominent propstartnt within the government of a stance against compliance with judicial decisions that he and other ministers consider to be unlawful. Over time, more members of the cabinet have begun to align with his approach, particularly regarding the appointment of Major General David Zini as head of the Israel Security Agency (Shin Bet) and the dismissal of the Attorney General.
As the controversy escalates, the Supreme Court issued a subsequent interim ruling against Karhi, which he also stated he would not abide by. This refusal threatens to complicate the operations of the IBC council, as Karhi indicated he would not recognize its authority. This could have widespread ramifications, undermining the validity of decisions made by the council under his jurisdiction.
Potential Constitutional Crisis
Should other ministers adopt Karhi’s defiance in both rhetoric and action, it could lead to a serious constitutional and administrative crisis. This situation would arise if the court issues rulings that the government does not enforce, raising concerns about the rule of law in Israel.
A government source remarked to the press, “This is the well-known pendulum effect. For years, the courts and bureaucrats have disregarded the decisions of government ministers, rendering cabinet decisions and Knesset laws null and void. It is time for Members of Knesset and the government to stand firm against the deep state and clarify to the senior legal officials that the era in which they trample on government decisions and Knesset laws has ended, and that such rulings will not be respected.”
Conclusion
Minister Shlomo Karhi’s refusal to comply with the Supreme Court’s ruling underscores a significant shift in the relationship between Israel’s judiciary and executive branches, raising alarms over the potential consequences for governance and the legal system as a whole