| Nature |
1. The Government is the executive authority of the State. |
| Seat
of power |
2. The seat of the Government is Jerusalem.
|
| Source
of authority and composition |
3. (a) The Government is comprised of the
Prime Minister and Ministers.
(b) The Prime Minister serves by virtue
of his being elected in the national general elections, to be
conducted on a direct, equal, and secret basis in compliance with
The Election Law (The Knesset and The Prime Minister).
(c) The Ministers will be appointed by
the Prime Minister; their appointment requires the approval of
the Knesset.
(d) Should the Knesset reject the Prime
Minister's proposal regarding the composition of the Government,
it will be regarded as an expression of no confidence in the Prime
Minister, and the provisions of section 19(b) will apply.
|
| Election
date |
4. Whenever elections are being conducted
for the Knesset, the same date will also be determined for the elections
for the Prime Minister, excepting when new elections are held pursuant
to an election appeal.
|
| Special
elections |
5. In the cases specified in this Basic
Law separate elections will be held for the election of the Prime
Minister (hereinafter - special elections).
|
| The
right to vote. |
6. Persons entitled to vote in the elections
to the Knesset shall be entitled to vote in the elections for the
Prime Minister.
|
| Period
of service |
7. The period of service of the Prime Minister
and the Ministers shall be equal to the period of service of the
Knesset to which they were elected; in special elections for the
period of service of the Knesset serving at that time, unless specified
differently in this Basic Law.
|
| Eligibility
of Prime Ministerial candidates |
8. (a) Persons fulfilling the following
conditions are eligible candidates for the Prime Ministership
(1) Eligible for candidacy to the Knesset
and at least thirty years old on the day of submission of candidacy.
(2) Should the elections for the Prime
Minister be conducted at the same time as the Knesset elections
- the candidate for Prime Minister will head the list of candidates
for the Knesset.
(3) Should special elections be held -
he will be a member of Knesset.
|
| The
right to propose a candidate |
9. (a) The following bodies may propose
Prime Ministerial candidates:
(1) A faction of the outgoing Knesset,
with no less than ten members, having submitted a list of candidates
to the Knesset.
(2) A few factions of the outgoing Knesset,
with not less than ten members, having submitted a list of candidates
or lists of candidates to the Knesset.
(3) Fifty thousand enfranchised persons.
(b) In special elections, a candidate
may be proposed by a faction or factions of the Knesset, the total
number of members of the faction or factions not being less than
ten members.
|
| Election
date for special elections |
10. (a) Should this Basic Law give cause
for the conducting of special elections, the said elections will
be conducted on the last Tuesday preceding the passage of sixty
days from the day that the cause for the elections was created.
(b) Should this Basic Law give cause for
the conducting of special elections and the date thereof is one
year or less prior to the conducting of Knesset elections according
to section 9 of The Basic Law: The Knesset, the Knesset elections
will be brought forward, and the Knesset elections and the Prime
Ministerial elections will be conducted on the date initially
determined for the special elections.
|
| Postponement
of elections due to day of rest |
11. Should the date of the Knesset elections
or the date of the Prime Ministerial elections according to this
Basic Law, fall on a day of rest, the eve of a day of rest or the
day after a day of rest, the elections will then be held on the
first subsequent Tuesday that is not a day of rest, the eve of a
day of rest or the day after a day of rest.
|
| Death
of candidate or cessation of candidacy |
12. (a) In the event of a candidate's death
or if reasons of health prevent him from being a candidate, after
the final date specified by law for the submission of candidacy,
the elections for the Knesset and the Prime Minister or the special
elections will accordingly be postponed accordingly.
|
| Election
of the Prime Minister |
13. (a) The elected Prime Minister will
be the candidate receiving more than half of the valid votes, provided
that he is also a Knesset Member.
(b) If no one of the candidates receives
the number of votes prescribed in section (a), repeat elections
will be held on the first Tuesday after the passage of two weeks
from the publication of the results of the first elections.
(c) In the return elections the candidates
standing for election will be the two candidates who received
the largest number of valid votes in the first elections, and
who are Knesset Members; in the return elections, the candidate
receiving the largest number of valid votes will be the chosen
candidate.
(d) In the event of the death of one of
the candidates before the conducting of the return elections,
or if he is unable for reasons of health to stand for election
therein, the person who proposed him may propose another candidate
in his place, provided that the said proposal be made not later
than 96 hours before the repeat elections, and the provisions
of section 12(c) will apply mutatis mutandi; should the candidate
for the repeat elections resign, his place will be taken by that
candidate who, in the first elections received the next largest
amount of valid votes, and is a Knesset Member.
(e) Should there be a sole candidate,
whether in the first elections or in the return elections, the
elections will be conducted by way of a vote either for him or
against him, and he will be elected if the number of valid votes
for him exceeds the number of valid votes against him.
(f) If no candidate is elected according
to the provisions of this section, special elections will be held.
(g) The results of the elections for the
Prime Minister will be published in Reshumot within 14 days of
the election day.
|
| Beginning
of service |
14. (a) Within 45 days of the publication
of the election results the Prime Minister elect will appear before
the Knesset, present the Ministers of the Government, announce the
division of tasks and the guiding principles of the Government's
policies, and the Prime Minister and the Ministers will begin their
service, provided that the provisions of section 33(a) and (b) have
been complied with. As soon as possible after that the Prime Minister
and the Ministers will make their declarations of allegiance before
the Knesset in the version specified in subsection (c).
(b) The Prime Minister elect will give
the Speaker of the Knesset preliminary notice of his intention
to appear before the Knesset not later than seven days before
the termination of the period specified in subsection (a); should
the notification be not be given during one of the Knesset sessions,
the Knesset Speaker will convene the Knesset for that purpose.
(c) This is the text of the declaration
of allegiance of the Prime Minister:
"I (name) as Prime Minister undertake
to uphold the State of Israel and its laws, to faithfully fulfil
my role as the Prime Minister and to comply with the decisions
of the Knesset."
This is the text of the declaration of
allegiance of the Ministers:
"I (name) as a member of the Government,
undertake to uphold the State of Israel and its laws, to faithfully
fulfil my role as a member of the Government, and to comply with
the decisions of the Knesset."
|
| Failure
to present Government |
15. (a) Should the Government not be presented
in accordance with the provisions of section 14, special elections
will be held.
(b) Should the Prime Minister elect fail
to present the Government as stated, and is again elected Prime
Minister and again fails to present a Government, he may not submit
his candidacy in the subsequent special elections.
|
| Eligibility
of Ministers |
16. (a) A person ineligible for candidacy
to the Knesset may not be appointed as a Minister; however, a person
having served in a position or role as specified in section 7 of
The Basic Law: The Knesset, may be appointed as Ministers, provided
that he cease functioning in the said position or role prior to
his appointment.
(b) A person convicted of an offence involving
moral turpitude, prior to the passage of ten years from the day
he completed his period of punishment, may not be appointed as
a Minister.
(c) A Knesset member seceding from his
faction and failing to tender his resignation as a Knesset member
may not be appointed as a Minister during the period of service
of that Knesset.
|
| Publication
of agreements |
17. (a) Should a written agreement be drawn
up pertaining to the election of the Prime Minister or the establishment
of the Government, or relating an expression of no confidence therein,
or pertaining to the adding of Ministers to the Government after
its establishment, or pertaining to the appointment of a Deputy
Minister, the sides to the agreement shall then submit its complete
text to the Secretary of the Knesset within three days of signing,
and not later than 48 hours before the election day or 24 hours
before the presentation of the Government or the no confidence vote,
respectively; in the figuring of days and hours, legally endorsed
days of rest or religious holidays shall not be included; should
an agreement be drawn up by a list of candidates to the Knesset,
the sides will immediately submit a copy thereof to the Secretary
of the Knesset.
(b) The Secretary of the Knesset will
immediately notify the Knesset of any agreement submitted to him
according to this section, and during an Knesset election period
he shall also bring them to the attention of the representatives
of the candidates, lists.
(c) After the time period specified in
subsection (a) no agreement pertaining to any of the stated issues
shall signed unless a new period has been specified for the same
issue allowing publication of the agreement as specified in this
section.
|
| Restrictions
of the agreement |
18. (a) Where the Law confers authority
to remove persons from any position in the Knesset, the Government,
the civil service, a statutory company, a Government company or
any other public body, no agreement shall be made nor shall any
commitment be given regarding the permanence of that person in his
role.
(b) No guarantee shall be granted either
directly or indirectly in money, its equivalent, via services
or any other kind of benefit, for the ensurance of the performance
of an agreement or commitment as specified in this section, and
such guarantees will not be valid.
|
| Expression
of no confidence |
19. (a) The Knesset may by means of a majority
of its members adopt an expression of no confidence in the Prime
Minister.
(b) An expression of no confidence in
the Prime Minister will be deemed to be a Knesset decision to
disperse prior to the completion of its period of service.
|
| Dispersion
due to failure to adopt budget |
20. Non-adoption of the Budget Law within
three months subsequent to the beginning of the fiscal year will
be considered to be a Knesset decision on its dispersion, prior
to the completion of its term of service.
|
| Early
elections |
21. (a) Should the Knesset express no confidence
in the Prime Minister, or fail to adopt the Budget Law under the
provisions of section 20, elections to the Knesset and to the position
of Prime Minister will be conducted on the last Tuesday before the
passage of 60 days after the expression of no confidence, or upon
the completion of the period as stated in section 20.
(b) Sections 34 and 35 of the Basic Law:
The Knesset, will not apply to the dispersion of the Knesset in
accordance with sections 19 and 20.
(c) The Speaker of the Knesset will give
notice in Reshumot of an expression of no confidence or of failure
to adopt the Budgetary Law.
|
| Dispersion
of the Knesset by the Prime Minister |
22. Should the Prime Minister ascertain
that a majority of the Knesset opposes the Government, and that
the effective functioning of the Government is prevented as a result,
he may, with the approval of the President of the State, disperse
the Knesset by way of an order to be published in Reshumot; a decision
to disperse the Knesset will be regarded as a decision of the Knesset
to disperse prior to the completion of its term of service, and
new elections for the Knesset and the Prime Minister, will be conducted
on the last Tuesday before the passage of 60 days from the day of
the dispersion of the Knesset.
(b) The Prime Minister may not exercise
his authority according to this section -
1. From the beginning of the period of
service of the incoming Knesset and until the establishment of
the new Government.
2. From the day on which the Knesset committee
of the Knesset decided to recommend that he be removed from service
and until the day the Knesset plenum renders its decision in the
matter in accordance with the provisions of sections 26 and 27.
|
| Resignation
of Prime Minister |
23. (a) The Prime Minister may, after notifying
the Government of his decision to do so, resign by way of submitting
his written resignation to the President of the State; the resignation
will go into force 48 hours after the letter of resignation is submitted
to the President, unless the Prime Minister retracts prior to such
time.
(b) A Prime Minister who has resigned
will give notice thereof to the Speaker of the Knesset, and the
Speaker of the Knesset will then give notice to the Knesset.
(c) Should the Prime Minister resign,
special elections will be conducted.
|
| Prime
Minister ceasing to function as member of Knesset |
24. Should the Prime Minister cease to
function as a member of the Knesset, he will be deemed to have resigned.
|
| Interrogation
and impeachment of the Prime Minister |
25. (a) Criminal proceedings shall not
be commenced against the Prime Minister save with the agreement
of the Attorney General, and the Prime Minister may only be impeached
by the Attorney General.
(b) An indictment against the Prime Minister
will be filed and presided over in the Jerusalem District Court,
in a presidium of three judges.
(c) Should the Court convict the Prime
Minister of an offence, it will state in its decision whether
the offence involved moral turpitude.
|
| Removal
from office pursuant to an offence |
26. (a) Should the Prime Minister be convicted
of an offence involving moral turpitude, the Knesset may remove
him from office, pursuant to a decision of a majority of the Knesset
members.
(b) Within 30 days of the verdict becoming
final, the Knesset Committee of the Knesset will render its decision
regarding its recommendation pertaining to the removal of the
Prime Minister from office; a committee decision to remove the
Prime Minister from office shall be a majority decision of its
members; should the committee recommend that the Prime Minister
be removed from his office, its decision will be brought before
the Knesset plenum; should the committee fail to bring its recommendation
to the plenum during the prescribed period, the Speaker will raise
the issue in the Knesset plenum at the earliest date possible.
(c) No decision shall be made by either
the Knesset or the Knesset Committee regarding the removal of
the Prime Minister from office, before the Prime Minister has
been given an opportunity to state his case before them.
(d) Should the Knesset decide to remove
the Prime Minister from office, special elections will be conducted.
(e) The provisions of sections 42a and
42b of the Basic Law: the Knesset, shall not apply to the Prime
Minister.
|
| Removal
from office not pursuant to an offence |
27. (a) The Knesset may, pursuant to a
vote of 80 of its members, remove the Prime Minister from office.
(b) A motion to remove the Prime Minister
from office will be submitted by at least 40 Knesset members to
the Speaker of the Knesset, and the Speaker will submit it for
debate in the Knesset Committee of the Knesset.
(c) The Knesset Committee will decide
regarding the motion and present its recommendation to the Knesset
plenum within 30 days of the motion being submitted to it; should
the Committee fail to present its recommendation in the specified
period, the Speaker of the Knesset will bring the matter to debate
in the Knesset plenum at the earliest possible date.
(d) Neither the Knesset Committee nor
the Knesset itself may decide to remove the Prime Minister unless
the Prime Minister has been first given an opportunity to state
his case before them.
(e) Should the Knesset decide to remove
the Prime Minister from his office, special elections will be
conducted.
|
| Death
of the Prime Minister |
28. Should the Prime Minister die or be
permanently incapacitated, special elections will be held.
|
| Acting
Prime Minister |
29. (a) Should the Prime Minister die,
be permanently incapacitated, or be removed from office, the Government
will empower one of the Ministers who is also a Knesset member,
to serve as acting Prime Minister until the new Prime Minister takes
office.
(b) The acting Prime Minister will have
all the powers of the Prime Minister, except for the power to
disperse the Knesset.
|
| Inability
to function |
30. (a) Should the Prime Minister be absent
from the country, meetings of the Government will be convened and
conducted by the Minister delegated by the Prime Minister.
(b) Should the Prime Minister be temporarily
unable to discharge his duties for a period not exceeding 100
consecutive days, his place will be filled by a Minister who is
also a Knesset member and appointed by the Prime Minister; failing
the appointment of a Deputy, or should the appointed person not
be able to perform his duties, a Minister who is a Knesset member
shall be appointed by the Government as acting Prime Minister
until either the Prime Minister or permanent acting Prime Minister
resumes his functions.
(c) The provisions of subsection (a) shall
apply to the acting Prime Minister during the period in which
he acts in that capacity.
(d) After the passage of one hundred days
upon which the Prime Minister does not resume his duties, the
Prime Minister will be deemed to have permanently ceased to discharge
his duties and the provisions of sections 28 and 29 shall apply.
|
| Continued
functioning of the Prime Minister and Ministers |
31. (a) A Prime Minister who has resigned
or in whom the Knesset expressed no confidence, will continue in
office until the newly elected Prime Minister assumes office.
(b) In the event of the Prime Minister's
death, permanent incapacitation, resignation, removal from office,
or an expression of no confidence by the Knesset, the Ministers
will continue in office until the newly elected Prime Minister
assumes office.
|
| Continuity
of Government |
32. During the election period for the
Knesset and the Prime Minister or during special elections, the
Prime Minister and the Ministers of the outgoing Knesset will continue
in office until the Prime Minister and the Ministers of the new
Government assume office.
|
| The
Ministers |
33. (a) The Government shall not exceed
eighteen members in number and not be less than eight.
(b) At least one half of the Ministers
shall be Knesset members.
(c) A Minister shall be appointed over
an office, but a Minister may be a Minister without portfolio.
(d) The Prime Minister may also function
as a Minister appointed over an office.
(e) Subject to the provisions of subsections
(a) and (b), the Prime Minister may add extra Ministers to the
Government after its establishment; the commencement of service
of a Minister so added to the Government shall be with the submission
of notice from the Prime Minister to the Knesset regarding his
appointment; immediately afterwards, the new Minister will submit
his declaration of allegiance in accordance with the version prescribed
in section 14 (c).
|
| The
required minimum of Ministers |
34. (a) In a Government in which the number
of Ministers including the Prime Minister does not exceed eight,
no Minister may be removed from his post.
(b) Should the number of Ministers in
the Government including the Prime Minister be less than eight,
the Prime Minister will appoint a Minister or Ministers to complement
the required minimum; the appointment shall be made within 72
hours and until such time he may not remove any Minister from
his post; if the required minimum is not complemented in accordance
with these provisions, special elections will be conducted.
|
| Termination
of service of a Minister |
35. (a) A Minister may resign from the
Government by submitting a letter of resignation to the Prime Minister.
His service in the Government will be terminated upon the passage
of 48 hours from the time the letter of resignation reached the
Prime Minister, unless he retracts prior to such time.
(b) The Prime Minister may, by way of
written notification, remove a Minister from his post; the removal
of Minister will take effect 48 hours after the letter notifying
thereof was given to the Minister, unless the Prime Minister retracts
prior to such time.
(c) The Knesset may remove a Minister
from his post, by way of a decision of a majority of seventy of
its members; the Knesset will not debate the removal of a Minister
from his post unless the initial recommendation of a majority
of the Knesset committee members is received and after the Minister
has been provided with an opportunity to state his case before
the Knesset Committee and before the Knesset plenum.
(d) The Prime Minister will give notice
of the termination of the service of a Minister to both the Government
and to the Knesset, at a meeting or in another manner.
|
| Acting
Minister |
36. Should the Minister cease to serve,
be absent from the country, or be temporarily incapable of discharging
his duties, the Prime Minister or another Minister appointed by
the Prime Minister will discharge his duties until the Minister
resumes his regular duties or until the appointment of his replacement;
the Prime Minister will give notification to the Government and
to the Speaker of the Knesset regarding the appointed acting Minister,
and the Speaker of the Knesset will give notice to the Knesset.
|
| Deputy
Ministers |
37. (a) The Minister in charge of an office,
may, with the approval of the Prime Minister, appoint a Deputy Minister
for the office, the Deputy having been appointed from amongst the
Knesset members; the Prime Minister too may appoint a Deputy in
the stated manner; a Deputy Minister shall assume his role after
notice of his appointment has been given by the Government to the
Knesset; a Deputy Minister appointed by the Prime Minister shall
be entitled "a Deputy Minister in the Prime Minister's office";
the number of Deputy Ministers shall not exceed six.
(b) The Deputy Minister shall act both
in the Knesset and in office, on behalf of the Knesset member
who appointed him and within the parameters allocated to him.
(c) A Knesset member seceding from his
faction without resigning from his position subsequent to his
secession, may not be appointed to the position of Deputy Minister
during the period of service of the same Knesset.
|
| Termination
of service of Knesset member |
38. The service of a Deputy Minister will
be terminated in any of the following cases:
(1) The Deputy Minister resigned by submitting
a letter of resignation to the member of Government who appointed
him;
(2) The same Minister ceased being a Minister
or being in charge of the same office; or in the case of the Prime
Minister ceasing to serve if the Deputy was a Deputy Minister
in the Prime Minister's office;
(3) The Prime Minister or the appointing
Minister decide to terminate the service of the Deputy Minister;
(4) The Deputy Minister ceased being a
Knesset member;
|
| Prime
Minister and functioning of Government |
39. (a) The Prime Minister may:
(1) Determine the roles of the Ministers;
(2) Change the division of roles amongst
the Ministers;
(3) Transfer authorities and duties not
specified in the Law from one Minister to another;
(4) Transfer areas of actions from one
office to another;
(5) Establish the Government offices,
unite or divide them, abolish them or establish new offices, and
having done so give notice thereof to the Knesset;
(6) Establish permanent or temporary Ministerial
committees for particular matters; after the appointment of a
committee the Government may conduct its operations through it;
(b) Authority granted by law to a particular
Minister may be transferred by the Prime Minister either totally
or partially to another Minister; a decision according to this
section must be approved by the Government;
(c) The Prime Minister will conduct the
functioning of the Government and will set work procedures and
voting procedures in the Government and its committees;
(d) Government decisions will be adopted
by a majority vote; should the vote be drawn, the Prime Minister
will have an additional vote.
|
| Government
powers |
40. The Government is authorized to perform
in the name of the State and subject to any law, all actions which
are not legally incumbent on another authority.
|
| Delegation
of powers |
41. (a) with the exception of powers granted
in accordance with this Basic Law, powers granted by law to the
Government may be delegated to one of the Ministers.
(b) Powers granted to a Minister by law,
transferred to him under the provisions of section 39(b), with
the exclusion of the authority to make regulations, may be delegated
by the Minister either totally or partially or subject to conditions
to a civil servant.
(c) Powers delegated by the Government
to a Minister, with the exception of the power to make regulations,
may be delegated by the Minister either totally or partially or
subject to conditions to a civil servant provided that the Government
empowered him to do so.
(d) For the purposes of this section and
section 39(b) -
(1) The power granted to the Government
or a Minister also refers to duties incumbent upon them;
(2) A Minister - includes the Prime Minister.
(e) The provisions of this section will
apply provided no other intention is evidenced by the law conferring
the power or imposing the obligation.
|
| Assumption
of powers |
42. A Minister, including the Prime Minister,
charged the implementation of the law, may assume any power, with
the exception of powers of a judicial nature, granted by law to
a civil servant, provided that no other intention is evidenced by
the law; the Minister may do the above for a particular matter or
for a specific period.
|
| Exclusivity
of office |
43. The Prime Minister, Ministers and Deputy
Ministers will discharge their roles in good faith, and will not
engage in economic or public activities save within the parameters
and in compliance with the principles stipulated by the Government.
|
| Secrecy |
44. (a) The debates and decisions of the
Government and those of the Ministerial committees regarding the
following matters are secret and their disclosure and publication
is prohibited; and these are the matters:
(1) State security;
(2) Foreign relations of the State;
(3) Matters regarding which the Government
deems secrecy to be essential to the State, a notification thereof
having been declared in an order, for the purposes of this law;
(4) A matter that the Government has decided
to keep secret; the disclosure and publication of such matters
is forbidden only to persons who were aware of the decision.
(b) The provisions of subsection (a) shall
not apply to matters regarding which the Government or the Prime
Minister, or such persons that the Government or the Prime Minister
have specifically authorized, have permitted their publication
or matters the publication of which is legally mandatory.
|
| Salaries
and pensions |
45. The salaries of the Prime Minister,
the Ministers and the Deputy Ministers and other payments paid to
them during their period of service or thereafter, or to their next
of kin after their deaths, will be specified by law, or by virtue
of a decision of the Knesset, or a public committee appointed by
the Knesset for that purpose.
|
| Government
Secretary |
46. The Government will, according to the
proposal of the the Prime Minister, appoint a Government Secretary
and specify his duties.
|
| Regulations |
47. (a) The Prime Minister or the Minister
charged with the implementation of a law, is empowered to make regulations
for its implementation.
(b) A law may empower the Prime Minister
or a Minister to make regulations in a matter specified in the
authorization.
|
| Knesset
supervision of subsidiary legislation |
48. (a) Regulations made by the Prime Minister
or a Minister and mandating penal sanctions for their violation
will not come into force unless having been approved prior to their
publication by the specific Knesset committee responsible for the
matter treated therein, should the committee fail to render its
decision either approving or rejecting the regulation within 30
days from the day the regulations were submitted, the regulations
will be considered to have been approved.
(b) Nothing in the provisions of this
section shall derogate from the provisions of a basic law or another
law relating to regulations.
|
| Declaration
of a state of emergency |
49. (a) Should the Knesset ascertain that
the State is in a state of emergency, it may, of its own initiative
or, pursuant to a Government proposal, declare that a state of emergency
exists.
(b) The declaration will remain in force
for the period prescribed therein, but may not exceed one year;
the Knesset may make a renewed declaration of a state of emergency
as stated.
(c) Should the Government ascertain that
a state of emergency exists in the State and that its urgency
necessitates the declaration of a state of emergency, even before
it becomes possible to convene the Knesset, it may declare a state
of emergency. The declaration's validity shall expire upon 7 days
from its proclamation, if not previously approved or revoked by
the Knesset, pursuant to a decision by a majority of its members;
should the Knesset fail to convene, the Government may make a
renewed declaration of a state of emergency as stated in this
subsection.
(d) The Knesset and Governmental declarations
of a state of emergency will be published in Reshumot; should
publication in Reshumot not be possible, another appropriate manner
will be adopted, provided that notification thereof be published
in Reshumot at the earliest possible date.
(e) The Knesset may at all times revoke
the declaration of the state of emergency; notification of its
revocation will be published in Reshumot.
|
| State
of emergency |
50. (a) During a state of emergency the
Government may make emergency regulations for the defence of the
State, public security and the maintenance of supplies and essential
services; emergency regulations will be submitted to the Foreign
Affairs and Security Committee at the earliest possible date after
their enactment.
(b) Should the Prime Minister deem it
impossible to convene the Knesset, given the existence of an immediate
and critical need to make emergency regulations, he may make such
regulations or empower a Minister to make them.
(c) Emergency regulations may alter any
law temporarily suspend its effect or introduce conditions, and
may also impose or increase taxes or other compulsory payments
unless there be another provision by law.
(d) Emergency regulations may not prevent
recourse to legal action, or prescribe retroactive punishment
or allow infringement upon human dignity.
(e) Emergency regulations shall not be
enacted, nor shall arrangements, measures and powers be implemented
in their wake, except to the extent warranted by the state of
emergency.
(f) The force of emergency regulations
shall expire three months after the day of their enactment unless
their force is extended by law, or they are revoked by the Knesset
by law, or pursuant to a decision of a majority of the members
of Knesset.
(g) Emergency regulations shall come into
force on the day of their publication in Reshumot; should publication
in Reshumot not be possible another appropriate means of publication
will be adopted provided that they be published in Reshumot as
soon as possible.
(h) Should the state of emergency cease
to exist, the regulations enacted will remain in force for the
duration of the prescribed period, however not longer than for
60 days after the termination of the state of emergency; state
of emergency regulations whose force was lengthened by law shall
remain in force.
|
| Declaration
of war |
51. (a) The state may only begin a war
pursuant to a Government decision.
(b) Nothing in the provisions of this
section will prevent the adoption of military actions necessary
for the the defence of the state and public security.
(c) Notification of a Government decision
to begin a war under the provision of subsection (a) will be submitted
to the Knesset Foreign Affairs and Security Committee as soon
as possible; the Prime Minister also will give notice to the Knesset
plenum as soon as possible; notification regarding military actions
as stated in subsection (b) will be given to the Knesset Foreign
Affairs and Security Committee as soon as possible.
|
| The
Government and Knesset committees |
52. (a) The Government will provide the
Knesset and its committees with information upon request and will
assist them in the discharging of their roles; special provisions
will be prescribed by law for the classification of information
when the same is required for the protection of state security and
foreign relations or international trade connections or the protection
of a legally mandated privilege.
(b) The Knesset may, at the request of
at least forty of its members, conduct a session with the participation
of the Prime Minister, pertaining to a topic decided upon; requests
as stated may be submitted no more than once a month.
(c) The Knesset may obligate a Minister
to appear before it, similar authority is granted to any of the
Knesset committees within the framework of their tasks.
(d) Any of the Knesset committees may
within the framework of the discharging of their duties, and under
the auspices of the relevant Minister and with his knowledge,
require a civil servant or any other person prescribed in the
law, to appear before them.
(e) The Prime Minister and any Minister
may speak before the Knesset and its committees.
(f) Details regarding the implementation
of this section may be prescribed by law or in the Knesset articles.
|
| Inapplicability
of emergency laws |
53. Notwithstanding the provisions of any
law, emergency regulations cannot change this Basic Law, temporarily
suspend it, or make it subject to conditions.
|
| Notifications
to the Knesset |
54. (a) The Government shall notify the
Knesset regarding the following matters:
(1) The appointment of an acting Prime
Minister or the appointment of the Prime Minister;
(2) The resignation or the death of the
Prime Minister;
(3) The resignation or the death of a
Minister;
(4) Transfer of activities from one office
to another;
(5) The expiration of the office of a
Deputy Minister.
(b) The notification will be made in the
Knesset, and, during the Knesset recess, to the Speaker of the
Knesset, who will notify the Knesset members thereof.
|
| Publication
in Reshumot |
55. (a) The Knesset shall give public notice
of the following in Reshumot:
(1) Knesset expression of no-confidence
in the Prime Minister;
(2) Removal of the Prime Minister from
his office;
(3) The removal of a Minister from his
office by the Knesset;
(4) A Knesset approval in accordance with
section 39(b);
(5) A decision under section 45.
(b) The Government shall give public notice
of the following in Reshumot:
(1) The presentation of the Government
to the Knesset, its Ministers and the allocation of roles between
them;
(2) The addition of a Minister to the
Government;
(3) Assumption of powers under section
42;
(4) A Prime Ministerial decision under
sections 39(a)(1) - (5);
(5) The appointment of a Deputy Minister
or the expiration of his office;
(6) The appointment of the Government
Secretary;
(7) The removal of a Minister from office
by the Prime Minister.
|
| Stability
of the Law |
56. (a) This Basic Law may not changed
unless by a majority of the Knesset members; however, a provision
prescribing that Knesset decision must be adopted by a specified
number of the Knesset members, will not be altered unless by at
least the same amount of Knesset members; the required majority
under this section will be required for decisions of the Knesset
during the first reading the second reading and the third reading;
"change" for the purposes of this section means both specific and
by implication.
(b) The provisions of this section shall
not apply to sections 57-63.
|
| Amendment
of Basic Law: The Knesset |
57. In the Basic Law: The Knesset -
(1) The following section shall come after
section 9:
"Lengthening of period of service
9A. (a) The Knesset will not lengthen
its period of service save by a law adopted by a majority of eighty
of the Knesset members and in special circumstances that prevent
the conduct of timely elections; the period of extension shall
not exceed the amount of time necessitated by the said circumstances;
the stated law will state the date of the elections.
(b) Without prejudice to the provisions
of section 34, the Knesset may by a decision of a majority of
its members, bring forward the election date determined according
to subsection (a), provided that the new date not precede the
election date for the Knesset according to section 9.";
(2) Section 34 shall conclude as follows:
"by a majority of the Knesset members";
(3) The following section shall follow
section 45:
"Entrenchment provision.
45 A The provision of section 45 will
also apply to a change according to section 9A(a).";
(4) In section 46 the words "the majority
required under this law for the alteration of sections 4, 9A,
34, 44 or 45", shall replace the words "the majority required
by this law or the alteration of sections 4, 44 or 45".
|
| Amendment
of Basic Law: The State Economy |
58. The following section shall come after
section 3A of The Basic Law: The State Economy:
"Failure to adopt the Budget Law
3B (a) should the Budget fail to be adopted
before the beginning of the fiscal year, the Government will be
permitted to spend, on a monthly basis the amount equalling one
twelfth of the budget of the previous year, with the addition
of linkage according to the consumer price index, published by
the Central Bureau of Statistics.
(b) Moneys according to subsection (a)
will be initially designated for the discharging of legal obligations,
contracts and treaties; the remainder will be used by the Government
exclusively for the operation of essential services and the activities
included in the previous Budget Law.
(c) This section may only be amended by
a majority of the Knesset members."
|
| Amendment
of Law and Administration Ordinance No. 17 |
59. Sections 8 and 9 of the Law and Administration
ordinance 5718-1948 - are repealed.
|
| Amendment
of the Evidence Ordinance No. 10 |
60. In Article 3 chapter 2 of the Evidence
Ordinance (New Version) 5731- 1971 prior to section 20 shall come:
"Evidence of Government action
19A (a) A document issued by the Government
shall be signed by the Prime Minister or by the Minister therein
delegated by the Prime Minister or by the Government Secretary.
(b) The written authorization issued by
the General secretary that the Government has performed a particular
action will nerve an proof that the action was performed as indicated
in the authorization."
|
| Repeal
of The Basic Law: The Government. |
61. The Basic Law: The Government*** is
repealed.
|
| Amendment
of The Elections Law - The Knesset - No. 27 |
62. (The amendments to the Elections Law
- The Knesset (consolidated version) 5720-1969).****
|
| Commencement
and applicability |
63. (a) The provision of this Basic Law
will apply to the election of the Prime Minister and to the establishment
of the Government beginning from the elections to the fourteenth
Knesset.
(b) Subject to the provisions of subsection
(a), this Basic Law shall come into force on the first day of
service of the Prime Minister elected in accordance with the provisions
of subsection (a).
|
| Transitional
provisions |
64. (a) On the day of the coming into force
of this Basic Law, a state of emergency will deemed to have been
declared according to section 49(a) of this Basic Law.
(b) Any legislation containing a provision
making its continued force dependent on the continuation of the
state of emergency as declared according to section 9 of the Law
and Order Ordinance 5708-1948, will remain in force for as long
as a state of emergency exists, in accordance to subsection (a).
(c) Any legislation referring to the state
of emergency as declared according to section 9 of the Law and
Order Ordinance 5708-1948, will be deemed as referring to a state
of emergency declared according to section 49 of this Basic Law.
|
| Publication |
65. This law will come into force 30 days
from the day of its adoption.
|