:
National Government Institutions
by David Nachmias
(April 2009)
Introduction
Israel
is a representative parliamentary
democracy with a multi-party system. Its
national government institutions are made
up of the Knesset (legislative branch), the
government (executive branch) and the court
system (the judiciary). The three branches
of government operate according to the democratic
tradition of "checks and balances" that
was designed to ensure that each branch acts
only within the confines of its authority
and that no branch will obtain unlimited
powers. The president serves as the head
of the state. Israel has no formal written constitution but rather
eleven basic laws that take precedence over other legislation
and together make up a partial constitutional
framework. Four basic laws concern Israel
’s three branches of government and
the presidency.
The President
The
President is the head of the state of
Israel
. This is largely a nominal position. On
July 15, 2007 Shimon Peres, the current president,
was sworn into office. Presidents are elected
by the Knesset for a seven year term and
are not allowed to serve more than one term. The president serves in the
highest government office but in fact is
not a part of the three branches of government
(Basic Law: The President of the State, 1964).
The presidential institution was designed
with the intent to ensure the independence
and official status of presidents so that
they can represent
Israel
’s core national values and symbols
and express opinions on public issues that
come from a national consensus. Out of loyalty
to and responsibility for this high office,
the president may neither intervene politically
nor express personal views on controversial
issues that divide the Israeli public. The
president’s role is to stand up for
the national system and symbolize the unity
of the citizens.
The President:
- Signs
every law, except those that pertain to
presidential authority.
- Accredits
the diplomatic representatives of the state,
confirms foreign ambassadors and welcomes
foreign diplomats and dignitaries.
- Signs
international treaties approved by the
Knesset.
- Appoints
judges following the recommendation of
the judicial appointments committee.
- Appoints
several top civil servants upon recommendations
of the prime minister.
- Has
the authority to pardon criminals and commute
sentences.
The
president plays a central role in the formation
of the government. This role is extremely
significant, in particular after close
elections. The president takes the general
public interest as well as political considerations
into account before making his decision.
Presidents are required first to consult
members of the Knesset and subsequently
ask one Knesset member to attempt to form
a coalition government. A governing coalition
is needed when no one single party wins
a majority of seats (i.e., at least 61)
in the Knesset. The Knesset member appointed
by the president is granted twenty-eight
days, with a possible extension of fourteen
additional days, in which to form a coalition
and present it to the Knesset for a vote
of confidence. If the attempt fails, the
president appoints another prospective
candidate after consulting once again with
Knesset members. In such a case, the new
appointee is required to form a governing
coalition and win the Knesset vote of confidence
within fourteen days (Basic Law: The Government,
2001).
Historically,
in the first round of coalition formation
and negotiations, the Knesset member customarily
called by the president to form a coalition
government has been the head of the largest
party. In the 2009 elections, however, the Kadima
party won 28 seats in the Knesset - one
more seat than the 27 won by the Likud,
but President Shimon Peres asked Benjamin Netanyahu, the head of the Likud party,
to form a coalition government because
a larger number of Knesset members supported
Netanyahu than Tzipi Livni, head of the Kadima party, in their meetings with the
president. If the appointed Knesset member
succeeds in forming a governing coalition
and obtaining the Knesset’s vote
of confidence, he or she officially becomes
the prime minister.
The Knesset
The Knesset,
Israel
’s parliament, consists of 120 members.
All Knesset members are members of various
political parties. The Knesset is organized
strictly along party lines. Appointments
to the Knesset committees are made by the
number of votes each party receives in any
election and even the seating arrangements
in the meetings are organized according to
party. The term of any Knesset member is
four years unless early elections are called
for by the Knesset.
Elections
to the Knesset
The Knesset is
elected by “general, national, direct,
equal, secret and proportional elections” (Basic
Law: The Knesset, 1958). These terms
can be defined as such:
·General:
Universal suffrage, no discrimination among
citizens or groups of citizens.
· National:
Votes are counted and reported on a national
basis, although administrative procedures
are enacted for running elections and reporting
outcomes on precinct, district, city and
regional levels.
· Equal:
Each voter has the same amount of influence
as every other voter.
·Secret:
It should be impossible to identify the
vote of a particular voter.
·Proportional:
Each party is represented in the Knesset
according to its relative strength among
the voters. That is to say, the more votes
a party wins, the more seats it will have
in the Knesset.
Every citizen
age eighteen and older has the right to vote
in elections to the Knesset unless a court
has lawfully eliminated that right. Israeli
citizens who are at least twenty-one years
old can run for election to the Knesset.
The following office holders are ineligible
to become candidates for the Knesset: The
President of Israel, the chief rabbis, judges
holding office, judges of religious courts
holding office, the state comptroller and
the chief of the general staff of Israel Defense Forces (Basic Law: The Knesset, 1958).
A party list
is not allowed to participate in elections
if it either negates the existence of the
State of Israel as the state of the Jewish
people or it negates the democratic makeup
of the state. Moreover, a party cannot run
for elections if it incites racism.
Israel
has an electoral system based
on nation-wide proportional representation
and the number of seats that individual parties
receive in the Knesset is based on the number
of votes they received. The only limitation
is a two percent qualifying threshold. A
party must win at least two percent of the
votes to enter the Knesset (in the 2009 elections,
this percentage was 67,469 votes). Eligible
voters vote for a party list and not for
a particular person on the list. Whereas
some parties hold primaries to directly elect
and rank order of their candidates for the
Knesset, other parties select their candidates
by the party institutions. In the Orthodox religious parties the rabbis appoint the
candidates.
To become a
member of parliament, the Knesset member
is required to declare allegiance to the
State: "I pledge myself to bear allegiance
to the State of Israel and faithfully to
discharge my mandate in the Knesset"
(Basic Law: The Knesset, 1958).
Knesset members
play a variety of roles in addition to being
legislators. Concerned with their own careers
within the party as well as with the fate
of their party, they maintain close relations
with individuals and groups within their
party, representatives of supportive interest
groups, lobbyists and through the media,
they attempt to communicate with the general
public. Knesset members also attempt to advance
through legislation the particular interests
of groups and influential individuals that
support their parties.
By law, Knesset
members are provided immunity. This allows
them freedom of speech and freedom of action
while pursuing their activities and responsibilities.
Parliamentary immunity that pertains to the
actions in the Knesset is irrevocable. Another
form of immunity relates to matters not directly
connected to Knesset work. Knesset members
are protected from criminal proceedings against
them for acts committed before their election,
although this immunity can be removed by
the Knesset by recommendation of the house
committee.
The Knesset at Work
The Knesset prescribes its own legislative
proceedings and administrative procedures.
It elects from its members a chairperson
(Speaker of the Knesset), customarily from
the largest political party, and vice-chairpersons
(deputies). The Speaker is elected by the
plenum as are her deputies. The Speaker
conducts the business of the Knesset, represents
it in national and international conferences
and ceremonies and enforces the Knesset
rules and regulations. The Speaker or one
of his deputies presides over the proceedings
of the plenum, conducts debates, puts resolutions
to vote and determines the results of these
votes. In the absence of the President,
the Speaker acts in his place. The Speaker
and deputy speakers together constitute
the Knesset presidium that approves the
tabling (i.e., stopping
action on a pending proposal) of private Knesset members'
bills and the urgency of motions for the
agenda.
The
Knesset holds debates and makes decisions
irrespective of the number of members of Knesset present. It elects permanent committees
from among its members and it may elect
committees and subcommittees for specific
concerns and tasks. The functions, authority
and procedures of the committees are prescribed
either by law or by the Knesset’s
rules. The Knesset may also appoint commissions
of inquiry to investigate issues of concern
in the Knesset. Commissions of inquiry
consist of representatives of the parties
that form the governing coalition as well
as members of opposition parties.
The main function
of the Knesset as
Israel
’s legislature is to pass laws. Legislation
can be initiated by the government through
government bills, by a single member or group
of members of Knesset, or by a Knesset committee.
A bill can propose a totally new piece of
legislation or it may propose an amendment
to, or the annulment of an existing law.
Every reading of a bill is adopted or rejected
by a vote of the Knesset members present
in the plenum at the time (http://www.knesset.gov.il).
Government Bills:
A government
bill is presented to the Speaker of the Knesset
by a government minister and the Speaker
places it on the Knesset table. During the
deliberations, the minister presents the
rationale of the proposed law. At the end
of the debate on the first reading, the plenum
can decide to reject the bill or to refer
it to a Knesset committee for preparation
for second reading. This committee can suggest
amendments to the bill so long as they are
related to the subject of the bill. With
the approval of the Knesset house committee,
the committee can merge bills, or separate
it into two or more bills. Once the committee
completes its work, it returns the bill to
the plenum for a second and third reading.
The chairperson of the committee opens the
debate on a second reading. The voting on
a second reading is conducted section by
section. At this point the bill may be returned
to the committee or it may be put without
delay to a vote in third reading. The government
is entitled to withdraw its bill before adoption
in the third reading (Basic Law: The knesset,
1958).
Committee Bills:
A bill presented
by a committee is handled in the same way
as a government bill. The difference lies
in the fact that Knesset committee bills
can focus only on the following subjects:
Basic laws and laws relating to the Knesset,
general elections, members of Knesset or
the state comptroller.
Private Members
Bills:
Bills presented
by a member of the Knesset or a group of
Knesset members are presented to the Speaker
of the Knesset by the initiator(s). The Speaker
has the authority to decide whether to approve
the placing of the bill on the Knesset's
agenda. A bill that is racist or rejects
the existence of the State of Israel as the
state of the Jewish people is out rightly
rejected. An approved bill is placed on the
Knesset table at least forty-five days before
it is brought to the plenum for a preliminary
reading. The plenum can remove it from its
agenda or refer it to a committee for preparation
for a first reading. Subsequently, the legislative
process is similar to that of a government
bill.
Most of the
work of the Knesset is performed in the committees
and in the plenum.
The
Plenum
The
work in the plenum is divided into legislation,
debates on issues of national concern,
oversight of the executive branch, the
expression of confidence or no-confidence
in the prime minister and the government,
the appointment of several top office holders
and ceremonial activities (www.knesset.gov.il). The
agenda of the plenum may include bills,
motions for the agenda, parliamentary questions
and motions of no-confidence. A large part
of the Knesset work is performed in the
plenum. The plenum does not require a quorum
to hold sessions, and all the Knesset members
are rarely present. The first session of
every new Knesset is a festive event that
is opened by the President.
Vote
of Confidence
A key constitutional attribute
of parliamentary democracies is that the
political executive derives its power from
the legislature and is politically responsible
to it. A newly elected legislature is authorized
to dismiss the incumbent executive and replace
it with a new one. In this way voters indirectly
choose their own government. Moreover, at
any time the legislature may withdraw its
support from the executive and replace it.
A foremost duty of the Knesset is to express
its approval of the government by a vote
of confidence. In contrast, a vote of no-confidence
is a motion put before the Knesset to embarrass
or defeat the government. When a vote of
no-confidence passes the Knesset it requires
the resignation of the government or a request
for the dissolution of the Knesset and the
calling of general elections.
Motions of no-confidence are far
more common in multi-party systems in which
no single political party has a sufficient
number of parliamentary seats to win a vote
of confidence from the legislature. Coalition governments are thus formed. This situation
can result in the establishment of many short-lived
governments (Huber, 1996). The multi-party
structure allows small parties to break a
government without having the means to create
a new government. This is a major cause of
government instability.
To
stabilize governance, the Knesset adopted
the constructive
vote of no-confidence in 2001 (Basic Law:
Government, 2001). This parliamentary procedure
allows a parliament to withdraw its confidence
from a prime minister and government only
if there is a majority of votes for a prospective
successor that will be able to form a coalition
(Powell, 2000). In other words, the failure
of a motion of confidence does not automatically
force either the resignation of the government
or a new election. The government may continue
as a minority government if the opposition
does not have a successor by means of a
constructive vote of no-confidence.
Knesset Committees
Knesset committees are formed along
party lines. Following the elections, an
Arrangement Committee headed by a member
of the largest party in the Knesset is established
to determine the composition of the committees
(Basic Law: The Knesset, 1958). The size
of the committees varies and most members
of Knesset are assigned to at least two committees.
Committee appointments last for the duration
of the Knesset term in office.
The chairpersons of committees
are formally elected at the first meeting
of the committee and are based upon the nomination
of the house committee. The House Committee
has control over the day-to-day operations
of the Knesset. The chairmanship of important
committees, such as the House Committee,
the Finance Committee and the Foreign Affairs
and Defense Committee, are awarded to Knesset
members of the governing coalition.
There
are four types of Knesset committees that
operate on an ongoing basis:
- Permanent Knesset Committees: The Knesset
established twelve permanent committees:
The Constitution, Law and Justice Committee;
the Economic Affairs Committee; the Education,
Culture, and Sports committee; the Finance
Committee; the Foreign Affairs and Defense
Committee; the House Committee; the Immigration
and Absorption Committee; the Internal
Affairs and Environment Committee; the
Labor and Welfare Committee; the Science
and Technology Committee; the State Oversight
Committee, and the Committee for the Advancement
of the Status of Women.
- Special Knesset Committees: These committees
operate in a similar manner to the permanent
committees, but they have a limited term
of office. At present there are three such
committees: The Committee on Drug Abuse,
the Committee on the Rights of Children,
and the Committee for Alien Employees.
- Parliamentary Inquiry Committees: These
committees are appointed by the Knesset
plenum to act on specific issues of national
importance.
- The Ethics Committee: The committee’s
jurisdiction is over Knesset members who
violated the Knesset’s ethics rules
or were involved in illegal activities
outside of the Knesset.
Two
more Knesset committees convene only when
needed:
- The
Interpretations Committee: This committee
is asked to convene in order to rule over
appeals against the interpretation presented
by the Knesset Speaker during a meeting
of the plenum to the Knesset rules of procedures
or precedents. The committee is made up
of the Speaker and eight Knesset members
chosen by the house committee.
- Public
Committees: These committees
are established to examine concerns that
are connected to the Knesset’s
work. Members of public committees may
be experts in particular fields, public
leaders or current or retired Knesset
members. An example of such a committee
is the Public Committee for the Draft
of Ethical Guidelines for Knesset members.
The Executive Branch: The
Government and Prime Minister
The Government
The government
(memshala or cabinet) is “the executive
authority of the State”
(Basic Law: The Government, 2001). It is
the top official executive policymaking institution
and the center of political power. The government
consists of the prime minister and government
ministers who head the various government
ministries. Ministers are responsible to
the prime minister for the field of jurisdiction
to which they have been appointed. Ministers
without portfolio may also be included by
the prime minister in the government. The
number of ministers varies depending on the
outcome of the coalition building process.
The size of the cabinet has ranged in the
past from twelve to twenty-six ministers.
In 2009 the jurisdiction of ministers included
national defense, foreign affairs, finance,
industry and trade, transportation, agriculture,
education, communications, immigrant absorption,
environmental protection, health, housing
and construction, interior, internal security,
justice, national infrastructure, science,
culture and sport, religious affairs, welfare
and social services and tourism. Although
cabinet ministers are not required by law
to be members of the Knesset this tends to
be the practice. A deputy prime minister
and deputy cabinet ministers will be appointed
from among the members of Knesset usually
as the end result of coalition bargaining.
Since the establishment
of the State of Israel all of the governments
have been coalition governments. These coalitions
of political parties in the Knesset have
together attained the required support of
sixty-one or more Knesset members. The process
of coalition formation depends on political
expediency as well as on ideological compatibilities
and agreements on public policies (Arian,
Nachmias and Amir, 2002, chap, 5). Within
the government, ministerial positions are
allocated among coalition partners in proportion
to their size in the Knesset. In general,
the more Knesset members a party brings to
the coalition, the greater the number of
ministers and the more preferred the ministerial
portfolios that it is awarded. In situations
in which relatively big parties depend on
the support of small parties to form and
maintain the coalition government, the small
parties get more ministerial positions than
called for according to their relative electoral
size.
The government
takes office following a vote of confidence
by the Knesset, to which it is responsible
for it decisions and policies. Individual
members of the government must publicly support
all of the decisions made by the government,
even if members object to certain decisions
or privately voice disagreement with them.
Such collective responsibility includes voting
in support of bills and motions initiated
by the government in the Knesset.
To obtain the
Knesset’s vote of confidence, the prime
minister-elect submits a list of designated
ministers along with a statement of the basic
principles and the intended general objectives
of the government. The government is dissolved
if it resigns in unison, if the Knesset passes
a motion of constructive vote of no-confidence
or if the prime minister resigns or dies
(Basic Law: The Government, 2001). The resignation
of individual ministers does not necessitate
the dissolution of the government.
As a rule, the
government meets at least once a week on
Sunday morning as well as whenever extraordinary
circumstances warrant. Deliberations are
confidential, especially when the body meets
as a session of the ministerial committee
for security affairs. The government sets
up its own rules of procedures. The issues
brought up in weekly meetings are usually
those that statutorily require a government
decision, such as proposed legislation and
appointments of top public officials. Other
issues that require decisions by the full
forum concern the national budget, judiciary
policies and major events that are of public
concern.
The government
conducts much of its work through standing
committees that deal, among other issues,
with economic affairs, legislation, international
affairs, national security and home affairs.
The committees meet once a week and may set
up special ad hoc committees of inquiry to
examine issues effecting coalition maintenance
or other urgent matters. The prime minister
may assign a cabinet member to one or more
committees, and he or she may participate
in any meeting of a committee. Committee
decisions become binding unless challenged
in plenary cabinet sessions. The coordination
among the various ministries is carried out
by the standing cabinet committees and the
office of the prime minister; usually by
the government secretariat that is located
in that office. Headed by the secretary to
the government (or cabinet secretary), the
secretariat prepares the agenda for meetings
of the cabinet and cabinet committees, maintains
their records, coordinates the work of ministries
and informs the public of government decisions
and policies. The secretariat also serves
as the liaison between the government, the
president and the Knesset and dispenses formal
cabinet press releases (www.pmo.gov.il).
The Prime Minister
The prime minister has to be a Knesset member and is the central
political actor in
Israel
. Prime ministers are the most visible, most
powerful and most important political figures
and they have played pivotal roles throughout
Israel
’s history. The public, the media and
other politicians expect the prime minister
to take on a leadership role. The government’s
agenda is set by the prime minister and he
controls the pace of events. Policy-making
is also in the hands of the prime minister
and although the Knesset can attempt to influence
the substance of specific policies through
coalition politics, it seldom initiates public
policies. The prime minister is head of the
executive branch and the government and as
such, has a great amount of influence over
the ministers, the coalition partners in
government and Knesset members. Prime ministers
are also the heads of their parties, a formal
elective position that enhances their political
power and legitimacy.
The
prime minister is authorized to appoint and
dismiss cabinet ministers, to set the jurisdictional
responsibilities of government ministries,
to establish or dissolve ministries and to
reorganize their functions and structures
(Basic Law: The Government, 2001). He or
she is also authorized to appoint, with the
government’s approval, unelected top
public officials such as the governor of
the Bank of Israel, the attorney-general
and the director of the Mossad,
Israel
’s intelligence agency.
Office of the Prime Minister
The
Office of the Prime Minister consists of
administrative and professional units that
assist the prime minister in his official
and day-to-day work. In addition to the
government secretariat, the office includes
the Prime Minister's Bureau, headed by
the director-general. The
director-general manages all of the activities
in the government office. Within this framework,
the director-general directs his staff
and the various departments and sections,
including the economic division, the division
for coordination and oversight and the
prime minister advisers in the fields of
planning and development, settlement and
social issues. He leads national projects
on the agenda of the government and the
prime minister, coordinates the
state budget while emphasizing the prime
minister’s agenda and initiates economic reforms
and privatization projects (www.pmo.gov.il/pmo).
Other
administrative and policy units in the Office
of the Prime Minster:
· The
National Economic Council (NEC): The NEC
is charged with the responsibility to assist
in the processes of decision-making by
preparing timely economic reports, forecasts
and recommendations and aiding in major
budgetary decisions.
·The
State Archives: The major responsibility
of the national archives is to gather the
archival records of all the state institutions,
keep them for posterity and make them available
to the public.
·Government
Names Committee: This committee decides
on the names that are to be given to communities,
new settlements, industrial areas and historical
sites.
·Government
Press Office: The office channels communications
between the government and the press corps.
·Government
Advertising Bureau: The bureau serves as
an advertising agency for government offices,
public programs and national projects,
as well as for legal corporations, government
companies and other public bodies.
·State
and Internal Audit Department: The major
responsibilities of the department are
monitoring the corrections of problems
pointed out by the state comptroller, performing
civil service quality audits and promoting
methods of information security in government
ministries and government companies and
organizations.
·Legal
Department of the Prime Minister’s
Office: The legal personnel in this department
provide information and counsel to the
Prime Minister’s Office.
·Authority
for the Advancement of the Status of Women:
This authority formulates and advocates
public policies to promote the equality
of women and to prevent violence against
women.
·Central
Bureau of Statistic (CBS): The CBS is an
authority in the Prime Minister’s
Office. Its major function is to collect
statistical information on the Israeli
population and analyze demographic trends
as well as economic, social, commercial
and industrial trends and other areas related
to the physical conditions of the country.
·Department
for Coordination and Monitoring: This new
department is responsible for coordinating
the staff work in the Prime Minister’s
Office and monitoring the implementation
of programs and decisions made by the prime
minister and the government.
Three
more bodies are affiliated with the Prime
Minister’s Office:
·The
Institute for Intelligence and Special
Operations, the Mossad: Collects
information, analyzes intelligence and
performs special covert operations beyond
Israel
’s borders.
·Atomic
Energy Commission: The commission is chaired
by the prime minister and advises the government
on all matters related to nuclear research
and development.
·National
Security Council (NSC): The NSC is the
prime minister and the government’s
staff forum for advising on issues of national
security. It derives its authority from
the law and operates on the basis of the
prime minister’s guidelines. The
head of the NSC is directly subordinate
to the prime minister.
·Counter-Terrorism
Bureau: This bureau was founded following
a wave of terror attacks in 1996. Since
then, it has dealt with a multitude of issues,
some in accordance with directives issued
by the prime minister, some initiated by
the bureau itself and some initiated by
security bodies, government ministries
and foreign intelligence and counter-terrorism
organizations. In most of its activities,
the bureau functions as an inter-organizational
coordinator, improving the responses of
civilian and security organizations in
the war against terror.
The Judiciary
The
judiciary acts as the watchdog over the rule
of law and individual rights, similar to
judicial institutions in other liberal democracies.
Unlike other democratic judicial systems,
because of the absence of a formal written
constitution or bill of rights as well as
the wide powers of the Knesset, the Israeli
judiciary is placed in a very central position.
The
Israeli courts have played significant roles
in resolving controversial public issues.
The court system has ruled on many vital
matters, including the relationship between
religion and the state, the formalization
of a written constitution and the specification
of its prospective roles, the status of women
and minorities, and the rule of law in the
occupied territories, Civil courts have taken
the lead in promoting a liberal democratic
political culture based upon the rule of
law whereas other courts, in particular the
religious one, have emphasized group identity,
tradition and solidarity at the expense of
a unifying democratic political culture (Barak,
1998).
The
success of the judicial system, with the Supreme Court at its apex, in the defense
of civil rights is, to a great extent, a
result of the independence granted to judges.
Judges enjoy both substantive and personal
independence. Substantive independence is
set out in the Basic Law: The Judiciary (1984):
"[A] person in whom judicial power is
vested shall, in judicial matters, be subject
to no authority but that of the law." The
general language of this section applies
to any person vested with judicial authority
and not only to judges within the regular
law courts. In addition to substantive independence,
judges have wide personal independence that
originates with the procedures for their
appointment and continues throughout their
tenure in office.
The Organization of the Court System
The court system is divided into two main structures:
1. Courts of General Jurisdiction,
also known as civil or regular courts
2. Tribunals and other authorities
with judicial authority
Courts of General Jurisdiction
Magistrates’ Courts: These
are the basic first level trial courts
of the Israeli system. Their jurisdiction
is over criminal offenses in which the
accused is charged with an offense that
carries with it a potential punishment
of up to seven years imprisonment. In civil
matters, these courts have jurisdiction
in disputes of up to $300,000. These courts
also have jurisdiction over the use and
the ownership of property and act as traffic
courts, municipal courts, family courts
and small claims courts.
District Courts: District courts comprise the middle level
courts of the judiciary. They have jurisdiction
in any matter that is not within the sole
jurisdiction of another court. District
courts also hear cases dealing with companies
and partnership, arbitration, prisoners'
petitions and appeals on tax matters. These
courts also preside over appeals of judgments
made in the magistrates’
courts.
The Supreme Court: The
Supreme Court has jurisdiction to judge
in criminal and civil appeals from verdicts
of the district courts. The Supreme Court
has special jurisdiction to hear appeals
in matters of Knesset elections, rulings
of the civil service commission, disciplinary
rulings of the Israel Bar Association,
administrative detentions and prisoners'
petitions appealed from the district court
(Basic Law: The Judiciary, 1984). The Knesset
decides upon the number of justices residing
in the court. By convention, the most senior
justice is the president of the court (chief
justice) and the next senior judge is the
deputy-president. The president of the
court is the head of the entire judicial
system.
Judges
in the Supreme Court are chosen by a judicial
selection committee composed of nine members:
The minister of justice (chair), an additional
government minister, the president of the
Supreme Court, two other justices of the
Supreme Court, two members of Knesset and
two representatives of the Israel Bar Association.
All three branches of government
– executive, legislative and judiciary – as
well as the legal profession are represented
on the committee. The majority of the members
of the committee are professional lawyers.
A candidate may be proposed by the chairperson,
the president of the Supreme Court or any
three members of the committee. A majority
vote of the members of the committee is required
in order to appoint a candidate.
To
be appointed a judge on the magistrates’ court,
a candidate must have been inscribed or entitled
to be inscribed on the roll of members of
the Israel Bar Association and have at least
three years of professional legal experience
either as an attorney, serving a legal role
in the public sector or teaching law. Appointees
to the district court must have at least
four years experience as a magistrates’ court
judge or at least six years professional
legal experience. Judges of the Supreme Court
must have served at least five years on the
district court or have at least ten years
of professional experience. Judges are selected
based upon their professional legal qualifications
(Barak, 1998). Since there are no juries
in
Israel
, the judge is the lone decision-maker in
the judicial process.
The
Supreme Court generally sits in panels consisting
of three justices. The president of the court
or his deputy is authorized to expand the
size of the panel to any uneven number of
justices. In addition, each panel has the
authority to expand its own size. The court
can also decide to initiate an additional
hearing in which a panel of five or more
justices will re-hear a case that was decided
upon by a smaller panel of justices.
High Court of Justice: The Supreme Court also convenes as the high
court of justice. This significant role
is unique to the Israeli system because
as the high court of justice, the Supreme
Court acts as a court of first and last
instance. The high court of justice exercises
judicial review over the other branches
of government and has powers
"in matters in which it considers it
necessary to grant relief in the interests
of justice and which are not within the jurisdiction
of any other court or tribunal” (Basic
Law: The Judiciary, 1984). As a high court
of justice, the Supreme Court hears over
one thousand petitions each year. These cases
are often noteworthy because they challenge
previous court decisions or concern the decisions
and actions of top government officials.
The
Supreme Court, sitting as the high court
of justice, is empowered to order the release
of persons wrongly detained or imprisoned;
to charge national and local authorities
with statutorily discharging public duties,
to act in said discharge and, if elected
or appointed unlawfully, to refrain from
acting. The high court of justice has the
authority to order religious courts to hear
a certain matter in their competence or to
refrain from hearing it (Basic Law: The Judiciary,
1984). Through its jurisdiction as a high
court of justice, the Supreme Court has upheld
the rule of law and strengthened human rights.
Tribunals
The
Israeli legal system recognizes various types
of tribunals; most important of which are
the military courts, the labor courts and
the religious courts.
Military
Tribunals: The military courts were established
by the Military Justice Law (1955). They
are able to try soldiers for military and
civilian offenses. Since the law defines
the term “soldier” to include
those in the regular forces of the army – either
in compulsory or career service – as
well as those in the reserve forces while
on active service, the amount and range of
Israeli subject to the jurisdiction of the
military tribunals is wide.
Labor
Tribunals: The Knesset established
the labor courts in 1969 after recognizing
that the labor law requires its own specialized
judicial system in order to facilitate the
consolidation of the subject matter and to
interpret existing and future labor laws.
The labor tribunals system consists of both
regional and national courts.
Religious
Courts: Whereas military and labor courts
are not unique to the Israeli legal system,
the religious courts are. The Israeli legal
system is distinct among liberal democratic
legal systems for its use of various personal
status laws in the area of family law applied
by religious courts. This phenomenon has
historical and political roots stemming from
the Ottoman rule, and was retained by the
British authorities during the Mandatory
era. The basic source for the application
of the personal status law and the jurisdiction
of the various religious courts is found
in the Palestine Order in Council (1922): "Jurisdiction
in matters of personal status shall be exercised
[...] by the courts of the religious communities.” The
order recognized eleven religious communities:
Jewish, Muslim and nine Christian denominations.
The Israeli government added the
Presbyterian
Evangelical
Church and the Ba'hai to this list. The Knesset
also enacted a law that enabled jurisdiction
in the Druze religious courts (www.mfa.gov.il).
Administrative
Tribunals
The
older and more common kind of administrative
tribunal was designed to operate as an appeal
tribunal with respect to decisions of administrative
agencies that determine social benefits,
tax liability or compensation from injury.
The tribunal hears appeals on compensation
for injuries resulting from military service
as well as appeals concerning property tax
liability. More recently, the Knesset established
tribunals that have a much broader set of
quasi-judicial functions. Thus, the Standard
Form Contracts Tribunal considers actions
brought about regarding unfair terms in standard-form
contracts and the Restrictive Trade Practices
Tribunal plays an important role in ruling
on the entire range of uncompetitive practices.
Israel
’s national government
institutions have evolved in response to
national and international changes. The various
amendments to the basis laws and to the practices
of governance reflect political adjustments
to the changing realities. These institutional
changes occurred because of the fundamental
commitment of citizens and elected officials
to democratic procedures and essential democratic
values.
Bibliography/Sources:
Arian
Asher, David Nachmias, Ruth Amir (2002), Executive
Government in Israel, New York: Palgrave.
Barak,
Aharon (1998) “The Role of the Supreme
Court in Democracy,” Israel Studies, 3:2, pp.6-29.
Basic
Law: The President of the State of
Israel
(1964).
Basic
Law: The Government (2001).
Basic
Law: The Knesset (1958).
Basic
Law: The Judiciary (1984).
Huber,
J D (1996), “The Vote of Confidence
in Parliamentary
Democracies,” American
Political Science Review, 90:2, pp.
269-83.
Powell,
Benjamin G. (2000), Elections as Instruments
of Democracy:
Majoritarian and
Proportional Visions, New Haven: Yale University Press.
www.knesset.gov.il
www.pmo.gov.il/pmo
www.
mfa.gov.il |