Ben Gvir, police chief verbally spar about authority over police in case of constitutional crisis

With fears of a possible constitutional crisis triggered by the coalition’s judicial reforms, there has been an open debate over who has the ultimate authority in the nation, either the elected government or the law.

That debate became clearly visible on Wednesday during a ceremony honoring outgoing Israel Border Police Commander Amir Cohen and the incoming commander, Yitzhak Brik. During the ceremony, Israel Police Chief Kobi Shabtai and National Security Minister Itamar Ben Gvir verbally sparred over the issue of official authority.

In his speech, Shabtai stated that Israel has only one police establishment, which he described as “professional, moral and apolitical.”

“In recent days, the question has arisen as to what is the compass by which the police operate,” Shabtai stated, affirming that the police will continue to operate according to the law.

“I want to make it clear that the police have only one compass, and that is the law and the statutes. At least as long as I command the force, the law will prevail, and the police will act according to it."

Shabtai addressed the group, arguing against Ben Gvir’s attempts to create his own national guard under the control of the national security minister.

“I have fought and I will fight with all my strength to guarantee that any policing force will be subordinate to the Border Police and the Israel Police," he said.

Shabtai has had many disagreements with Ben Gvir since the coalition government came to power. Earlier this year, he announced that he will not seek to extend his term as police commissioner past January 2024.

Ben Gvir responded to Shabtai’s statements during his speech.

“The commissioner is correct,” Ben Gvir remarked. “Our police force is apolitical, and has to act in an apolitical manner, national manner, and according to law. And the law, and the statute, and the principles of democracy, teach that the people go to the polls and speak, and whoever is chosen determines policy. And everyone has to act according to that policy.”

“That’s how it is in a democracy," Ben Gvir reiterated. "People go to elections, politicians are chosen and the policy they determine has to direct all of us.”

Ben Gvir is one of several coalition members who have stated that the High Court does not have the right to exercise judicial review of Basic Laws. He has also stated that he will not accede to a High Court decision to strike down either of the two amendments to Basic Laws passed by the coalition; the Reasonableness Standard Law and the Incapacitation Law.

Both laws are set for hearings in September.

The High Court has never struck down a Basic Law nor an amendment to one, which has led to concern about constitutional crisis if the court does so in either or both cases.