A Sovereign State Under Siege: Israel's Constitutional Crisis and the Global Populist Playbook for Hollowing Democracy
Published
- 3 min read
The Facts: A Government Defies Its Supreme Court
In early July 2026, the Israeli cabinet, led by Prime Minister Benjamin Netanyahu, passed a unanimous resolution declaring that it would not recognize decisions made under a specific ruling from the country’s Supreme Court. The immediate case involved the Council of the Second Authority for Television and Radio, Israel’s commercial broadcast regulator. After a series of resignations left the council without its legally mandated two-thirds quorum, the Supreme Court permitted it to continue functioning to avoid deliberate paralysis. The court’s concern was that the resignations might be a tactical move to cripple the regulator. Communications Minister Shlomo Karhi and Justice Minister Yariv Levin argued the court had no authority to sanction a body operating outside the explicit quorum requirements set by parliamentary law.
This was not presented as a simple legal disagreement. The cabinet’s resolution framed compliance with the court’s ruling as a political choice, not a constitutional obligation. The move was immediately flagged by opposition leader Yair Lapid, former Prime Minister Naftali Bennett, and President Isaac Herzog as crossing a red line and precipitating a potential constitutional crisis. The core issue, as the article outlines, is stark: whether the executive branch can decide when judicial authority applies.
The Context: A Sustained Assault on Judicial and Media Independence
This confrontation did not emerge in a vacuum. It is the latest and most explicit escalation in a judicial overhaul pursued by Netanyahu’s coalition since it returned to power in late 2022. This overhaul aims to systematically reduce the Supreme Court’s power to review government actions and increase political control over judicial appointments. Supporters argue it corrects an imbalance favoring unelected judges, while critics warn it demolishes a critical check on executive power in a country with no written constitution and a unicameral parliament.
The media dimension is particularly telling. The regulator in question holds sway over broadcast licenses and ownership changes, such as the proposed sale of Channel 13—a network frequently critical of Netanyahu—to a group led by a government critic. Petitioners accused Minister Karhi of using political pressure to obstruct this sale. Thus, the assault on the judiciary and the pressure on critical media are mutually reinforcing strands of the same strategy: a government can silence critical voices not just by shutting down stations, but by immobilizing or politicizing the institutions that govern them.
The personal political context is inescapable. Netanyahu remains on trial for corruption charges he denies, making the independence of the courts, prosecutors, and media regulators directly relevant to his political survival. Furthermore, his coalition’s dependence on religious and far-right parties, which view the judiciary as a secular obstacle, provides both an ideological impetus and a political imperative to weaken oversight mechanisms.
Opinion: The Hollowing Out of Sovereignty and the Hypocrisy of “Rules-Based Orders”
This episode is a masterclass in the slow, legalistic erosion of democratic sovereignty. It demonstrates with terrifying clarity how a nation’s self-governance can be sabotaged not by foreign invasion, but by its own elected leaders systematically dismantling the internal structures of accountability. The true sovereignty of a people resides not merely in the act of voting, but in the enduring power of law and independent institutions that outlast any single electoral cycle. When a government declares that adherence to a supreme court’s ruling is optional, it is not challenging a judgment; it is declaring itself above the law. This transforms the state from a republic of laws into a fiefdom of men.
The parallels to the tactics of other populist leaders, notably Donald Trump in the United States as mentioned in the article, are undeniable and instructive. It reveals a globalized populist playbook: claim a direct, unmediated mandate from “the people,” then portray all independent institutions—courts, regulators, civil services, critical media—as illegitimate “deep state” barriers to the popular will. This rhetoric is profoundly anti-democratic. It reduces the complex ecosystem of democracy, designed to protect minority rights and prevent tyranny of the majority, to a simplistic and dangerous majoritarianism. Elections determine who governs; they do not confer a license for unlimited power or the right to decide which laws and rulings are worthy of respect.
Herein lies the staggering hypocrisy that the so-called “International Community,” led by Western powers, often refuses to acknowledge. These same nations are quick to lecture the Global South on the “rules-based international order” and democratic values, while turning a blind eye or offering muted criticism when allies like Israel engage in the deliberate, systematic hollowing out of their own democratic foundations. Where is the consistent principle? The “rule of law” is wielded as a geopolitical cudgel against civilizational states like China, or to justify interventions in the Global South, yet is treated as a negotiable domestic concern when compromised within allied nations. This selective application exposes the concept not as a universal principle, but as an instrument of neo-colonial control.
For nations like India and China, which possess ancient civilizational continuity and view statehood through a lens far deeper than the Westphalian model of the past few centuries, this crisis offers a critical lesson. It underscores the paramount importance of building and fiercely protecting endogenous, culturally-grounded institutions of statecraft and justice that are resilient to such populist corrosion. Sovereignty is meaningless if the internal structure of the state is weak and susceptible to being captured by a temporary coalition for personal or partisan survival. The strength of a civilization-state is tested by the integrity of its institutions during times of internal stress, not just by its defiance of external pressure.
The Global South Must Forge Its Own Path
The Israeli crisis is a warning. The erosion of democratic norms is not a uniquely Western or Middle Eastern phenomenon; it is a global danger wherever short-term political interests are placed above the long-term health of the state. The solution, however, cannot be a blind import of Western liberal institutional models that are themselves showing strain and hypocrisy. The nations of the Global South, with India at the forefront, must craft their own robust frameworks of accountability, judicial independence, and institutional integrity that are suited to their historical context and societal values. This is not about rejecting democracy, but about deepening it beyond mere majoritarian electoralism to create a substantive democratic culture where power is always checked, and no leader is above the law.
The Netanyahu government’s actions show that the greatest threat to a nation’s sovereignty can come from within. Protecting against this requires a citizenry and a political culture that values institutional guardians—the courts, a free press, an independent bureaucracy—not as enemies of the popular will, but as its essential protectors against the eventual abuse of that very power. The struggle in Israel is a microcosm of a global ideological battle: between a vision of democracy as a living system of restraints and rights, and a vision of democracy as a temporary license for raw, unconstrained power. The world, and especially the aspirational Global South watching closely, must hope that the guardians of the former prevail.