Israel: Rule of Law in Crisis

Peloni:  This is an important move by the govt to assert the limitation of the High Court.  It also has important applications as a standing precedent for the govt to act in a similar manner going into the future.  Notably, the Opposition Parties are pressing to support the insanity of having an unlimited authority of the judiciary while diminishing the authority of the govt which was empowered by the same democratic election process which empowered the Opposition Parties to have any voice in what they are supporting.  The laws must be enforced, and the courts should be used to measure and consider laws, but the whole cloth effort by the High Court to deem that it has the power to either write its own legislation or to ignore long existing and enforced legislation (as is the case in the matter at hand), exposes the extra judicial nature of the power which the High Court is employing, and in which the Opposition Parties are supporting that they do.  What the High Court and its allies are advocating is not democracy.  It is tyranny.

by Nils A. Haug  •  Gatestone Institute  •  July 8, 2026

• Well, it finally happened. The executive branch – Israel’s government – has apparently had enough of the activist, self-selected Supreme Court endeavoring to micro-manage policy decisions that have nothing to do with it.

• For the first time in Israel’s nearly 80-year history, the government announced it would not abide by a Supreme Court ruling.
• The reality… is that the Supreme Court is itself guilty of these allegations directed towards the government. The court has ignored existing law, for reasons of its own ideological persuasions, and has led the country to a constitutional crisis entirely of the court’s own making.
• It was probably inevitable that a government of integrity would one day resist the slew of biased Supreme Court decisions made against it in an attempt by the court to insert itself into the executive’s policy-making function –- an action well outside the limit of judicial authority.
• Months of massive demonstrations – partially financed by the Biden Administration in the hope of dislodging Prime Minister Benjamin Netanyahu in order to replace him with someone more pliable — indirectly led to the horrors of October 7, 2023.
• Israel’s leaders would do well urgently to draft legislation clarifying the role and functions of the judiciary, as well as that of the attorney general. Perhaps the nation’s enemies will then understand that the people of Israel stand together against their enemies as one.

Well, it finally happened. The executive branch – Israel’s government – has apparently had enough of the activist, self-selected Supreme Court endeavoring to micro-manage policy decisions that have nothing to do with it.

Just about every major government decision not to the court’s liking appears to be barred from implementation. This leads to months, if not years, of appeals and counter-appeals, preventing the government from moving forward with its programs for the nation.

The government, as the executive, is a body elected by the people; the Supreme Court is not. It is therefore unaccountable to anyone except itself. In a normal democratic environment, the legislature enacts laws that are implemented as policy by the elected representatives of the people — Israel’s parliament, the Knesset — or by the executive.

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