Multimedia Mania/abacus-multimedia-mania.iso/dp/0026/00263.txt

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$Unique_ID{bob00263}
$Pretitle{}
$Title{Israel
Chapter 3A.   Government and Politics}
$Subtitle{}
$Author{Richard F. Nyrop}
$Affiliation{HQ, Department of the Army}
$Subject{knesset
government
state
cabinet
israel
law
members
office
political
israeli
see
pictures
see
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}
$Date{1979}
$Log{See Designs From the Flag*0026301.scf
See Tel Aviv*0026302.scf
}
Title:       Israel
Book:        Israel, A Country Study
Author:      Richard F. Nyrop
Affiliation: HQ, Department of the Army
Date:        1979

Chapter 3A.   Government and Politics

[See Designs From the Flag: Design elements from the Israeli flag]

     Israeli government and politics are based on principles and practices
deriving from and generally associated with those of Western parliamentary
democracies. Among the identifiable features are: public mandate through
electoral consent; vigorous and unfettered multiparty competition; loyal
opposition; a free press; the supremacy of civilian rule; and the evolutionary
rather than revolutionary process of national development. There are some
features that are particular to Israel-rooted as they are in Jewish traditions
and values-notably the intense activity on the part of religious
Orthodox to expand their fundamentalist influence in the day-to-day life of
the secular majority. But generally the political system of Israel has shown
since independence in 1948 an adequate sensitivity to the wisdom of compromise
and bargaining among the country's multiple political organizations. Such a
reconciliatory capacity has been largely responsible for Israel's political
stability, for its rapid development as a nation-state, and for its growing
stature as a member of the community of nations. By any standard, especially
in view of its uncertain foreign policy and security environment, Israel's
achievements are quite impressive.

     After May 1977 the Israeli political system faced a litmus test of
unprecedented magnitude-unprecedented because the incumbent left-of-center
regime of the Israel Labor Party was voted out of office for the first time
after nearly half a century of unbroken political dominance. The newly
mandated regime was under the strong-willed personality of Menachem Begin, who
had led the center-right political bloc of Likud (Union) and who had differed
sharply with the Labor Party in terms of political philosophy, commitment, and
domestic and foreign policies. Begin had evoked mixed reactions in the
pre-1977 years and, considering his reputation as being extremely hawkish
and absolutely uncompromising, his electoral triumph was truly eventful; but
more important the transition of power from Labor to Likud was orderly and
peaceful, a feat of no mean proportion and an eloquent testimonial to the
strength of democratic procedures and institutions as they have become
internalized in the Israeli setting.

     Begin's ascent to power signified the advent of a new era, an era of
renewed possibilities for the solution of old problems. The challenge facing
his coalition government in 1978, as at the time of his takeover, was
formidable to say the least. He had to address an array of social and economic
issues within a stable framework of transition as much for the purpose of
economic stabilization and growth as for solving the persistent problem of
distributive justice. Most of all, Begin's leadership was confronted with the
crisis of policy options on the issue of Arab-Israeli conflict and of the
future of Palestinian's rights in the Israeli-occupied territories. At stake
was the question of war and peace between Israelis and Arabs (including
Palestinian Arabs).

     The historic initiation of an Arab-Israeli dialogue in November 1977
was in limbo after January 1978 because of basic differences over the terms
of mutual reconciliation, not to mention Begin's refusal to consider the
issues of Palestinian sovereignty. In mid-1978 there still remained the
nagging question of whether Prime Minister Begin's unyielding position on
nonwithdrawal from the West Bank and Gaza was consistent with the usually
pragmatic yet volatile Israeli attitudes on the decade-old issue of withdrawal
for peace.

     The change of guard after the 1977 election is notable also for its
implications for the future of Israeli politics. All things considered, the
Likud bloc owes the change in its political fortune to the Labor Party's
scandals and lackluster performance in recent years, but no less significant
was Likud's identification with the Sephardim, (see Glossary), the Jews who
are socially, economically, and politically disadvantaged. The Sephardic
voters tended to support the Likud bloc in many elections, if nothing else
to protest the successive governments of the Labor Party, dominated as they
were by the Ashkenazim, (see Glossary), the Jews of European origin. It is
quite possible that the logic of protest voting also can be applied to the
equally Ashkenazi-dominated Likud regime if and when the Likud leadership is
perceived to be no more effective than Labor in redressing the plight of the
Sephardim.

     Besides, a new political equation has entered the national scene since
the mid-1960s. This is the young generation of Sabras (see Glossary), the
Israeli-born Jews of mixed ethnic origins. By and large the Sabras are more
independent, more nationalistic, and less socialistic than the older
generation. As a major if not cohesive voting bloc, the younger Israelis,
together with the Sephardim, appear likely to assert themselves in future
elections; integrity, responsiveness, and performance will become principal
determinants of electoral behavior.

The Constitutional Framework

     The Declaration of the Establishment of the State of Israel, proclaimed
on May 14, 1948, mentions a constitution to be adopted  by an elected
constituent assembly not later than October 1, 1948. In the ensuing debates,
however, differences were sharp between those favoring a written constitution
and those against it. The former argued that, among other things, Israel
would benefit from the experiences of other nations having adopted written
constitutions and that inhabitants of Israel should be accorded safeguards
with respect to equal rights and civil liberties under a bill of rights
incorporated into a constitution. Those in opposition contended that the
domestic and external circumstances of Israel as then obtaining were not
auspicious. They stressed, inter alia, that the adoption of a written
constitution would be politically divisive if only because the touchy issue
of church-state relations would unavoidably be raised in formulating the basic
principles, goals, and nature of the state (see The Law of Return, ch. 2).
Prime Minister David Ben-Gurion held the view that, given the imminent threat
of invasion from neighboring Arab countries, the constitutional guarantees of
rights and liberties for Arabs in Israel would be politically impractical. He
also maintained that Israel would evolve as a democratic state without a
formal constitution.

     In June 1950 the Knesset (parliament) ended the debate by passing a
compromise resolution, the intent of which was to develop a constitution
through a building-block method. The resolution stated that the constitution
would be evolved "chapter by chapter in such manner that each chapter will
constitute a basic law in itself." It went on to stipulate: "The chapters will
be brought before the Knesset as the Committee [for Constitution, Law, and
Justice, of the Knesset] completes its work and the chapters will together be
incorporated in the Constitution of the State."

     By 1978 six "basic laws" had been enacted to deal with, respectively, the
Knesset (1958), Israel lands (1960), the president of the state (1964), the
government (1968), state economy (1975), and the army (1976). Such basic laws
may be amended or changed only by a majority of at least eighty members of the
120-member Knesset. Moreover, to ensure its stability, the basic laws may not
be amended, suspended, or repealed by emergency legislation.

     Apart from the six basic laws, there were in 1978 a number of ordinary
laws that had legal force in legitimizing the structure, functions, and
actions of state institutions. Among these laws were the Law of Return (1950),
the Equal Rights for Women Law (1951), Nationality Law (1952), the Judges Law
(1953), the State Education Law (1953), the Courts Law (1957), the State
Comptroller Law (1958), and the Knesset Elections Law (1969). Some of the
legislation, such as the Law of Return, the Nationality Law, and the State
Education Law, sought to resolve various fundamental secular-religious
disagreements, but in the judgment of most observers, the legislation actually
evaded resolution of the basic controversies (see The Jewish Society, ch. 2).

     The ordinary statutes would eventually take the form of basic laws
presumably with appropriate revisions to account for changing needs and
circumstances. In 1978 the Israeli government continued to engage in
legislative process involving two bills to be enacted as basic laws; one of
them was concerned with the judiciary and the other with human rights. The
question of human rights and civil liberties has been an important concern of
Israeli governments. It is reflected, for instance, in the Declaration of the
Establishment of the State of Israel, sometimes analogized to the United
States Declaration of Independence. The Israeli declaration reads in part:
''The state of Israel will . . . foster the development of the country for the
benefit of all its inhabitants; it will be based on freedom, justice, and
peace as envisaged by the prophets of Israel; it will ensure complete equality
of social and political rights to all its inhabitants irrespective of
religion, race or sex; it will guarantee freedom of religion, conscience,
language, education and culture."

     The Israeli declaration contains sections that were intended as granting
constitutional sanctions for the establishment and operation of state organs
during the immediate postindependence years. Apart from that legal
significance, however, the declaration lacked the status as the equivalent of
a formal constitution against which the legality of other enactments could be
tested. This was especially the case relating to the issue of fundamental
rights. Given the absence of any express bill of rights, therefore, the
Israeli governments have relied on the courts, as in Great Britain, to
safeguard civil rights and liberties. Generally the Israeli citizens have
enjoyed a large measure of human rights as a result of high standards of
fairness evident in the administration of justice in Israel proper.
Nonetheless there were certain infringements brought on by dictates of
internal security (see Israeli Arabs, Arab Land, and Arab Refugees, ch. 1). In
its report on human rights practices in Israel released in February 1978, the
United States Department of State observed in part: "Under the military regime
that governs the occupied territories, certain of the normal human rights
guarantees that are taken for granted in Israel proper have been superseded on
security grounds. This dichotomy poses a dilemma that will probably be
resolved only in the context of a final peace settlement with their neighbors"
(see The IDF as an Army of Occupations, ch. 5).

Government

[See Tel Aviv: Recognized by many Western nations as the capital of Israel.
Courtesy Israeli Embassy, Washington DC.]

The President

     The president is the titular head of state (see fig. 8). He is elected by
a majority of Knesset members for a term of five years but may not serve more
than two consecutive terms. Any resident citizen of Israel is eligible for
consideration as a candidate for the office. The office falls vacant upon
resignation or decision of the Knesset to depose the president on grounds of
misconduct or incapacity. The presidential tenure is not keyed to that of the
Knesset to assure continuity in government and the nonpartisan character of
the office. There is no vice president. When the president is temporarily
incapacitated or the office falls vacant, the speaker of the Knesset may
exercise presidential functions.

     Presidential powers are usually exercised based on the recommendation of
appropriate government ministers. The president signs treaties ratified by the
Knesset and laws enacted by the legislature-in the latter case, except those
relating to presidential powers. He has no veto power over legislation. In
addition, the president appoints diplomatic representatives and receives
foreign envoys accredited to Israel. He also appoints the state comptroller,
the judges of civil and religious courts, and the governor of the Bank of
Israel.

     The president also plays a role in the formation of a cabinet, or "the
government" as Israelis call it. He is required to consult leaders of all
political parties in the Knesset and to designate a Knesset member to organize
a cabinet. If the member so appointed-invariably the leader of the most
influential political party or bloc in the Knesset-fails, political parties
commanding a majority in the Knesset may submit their own nominee.

The Cabinet

     Separation of powers between the executive and legislative branches
generally follows British pattern. The cabinet is the top executive
policymaking body and the center of political power in the nation. It consists
of the prime minister and an unspecified number of ministers. The head of the
government must be a Knesset member, but this is not a requirement for
ministers. In practice, most ministers have been Knesset members; when
non-Knesset members are co-opted, their selection is subject to Knesset
approval. A deputy prime minister and deputy ministers may be appointed from
the Knesset members, usually as a result of coalition bargaining, but in this
instance only the deputy prime minister may be considered a regular cabinet
member.

     The cabinet takes office on confirmation by the Knesset to which it is
collectively responsible for all its acts. For this consent, the prime
minister-designate must submit a list of cabinet members along with a detailed
statement of basic principles and policies of his government. The cabinet
stays in office until it resigns en masse, the Knesset passes a motion of
censure against it, or the prime minister resigns or dies. The prime
minister's resignation is held to invalidate the cabinet; resignations of
individual ministers do not have this effect.

     Since independence all cabinets have been coalitions of parties, each
coalition having been formed to achieve the required combined total of
sixty-one or more Knesset seats. Coalitions are based less on ideological or
issue compatability than expediency. Cabinet posts are divided between
coalition partners through behind-the-scene bargaining and in proportion to
the parliamentary strength of parties involved-usually at the the ratio of
one cabinet portfolio for every three or four Knesset seats. This formula may
be dispensed with, however, in times of national emergency. A precedent was
established after the Six-Day War of June 1967 when a "government of national
unity" was formed simply by co-opting three opposition party leaders as
cabinet ministers. This move, which was achieved without going through the
standard procedure of cabinet formation, was designed to demonstrate internal
solidarity in face of external uncertainty and threat.

     In their actions, the coalition governments are obligated to fulfill the
pledge jointly made at the time of seeking the vote of confidence from the
Knesset. A cabinet member may be dismissed if he fails to support the
government on any matter that is included in the original coalition
pact-except where the minister's dissenting vote in the Knesset for reasons of
"conscience" is specifically approved in advance by his party. In the case
a government of national unity, however, noncoalition cabinet ministers (that
is, those who are co-opted from the opposition) may disagree with the
mainstream of coalition on any matters other than those they agreed to
support. At the minimum, the noncoalition members must vote with the
government on issues of national defense, foreign policy, the budget, and a
motion of censure. Failure to do so would constitute the ground for their
expulsion; these ministers may simply withdraw from the government in protest
if they find it impossible to reconcile with the mainstream.

     As a rule the cabinet meets at least once a week on Sunday mornings or
whenever warranted for extraordinary reasons. Its deliberations are
confidential; this is especially so when the body meets as a session of
"the ministerial committee for security affairs." The cabinet conducts much
of its work through four standing committees that deal with, respectively,
economic affairs, legislation, security and foreign affairs, and home affairs
and services. The committees meet once a week and may set up special ad hoc
committees of inquiry to scrutinize issues affecting coalition unity or
any other urgent questions. A cabinet member may be assigned to one or more
committees. Committee decisions are final unless challenged in the plenary
session of the cabinet.

     In 1978 the Israeli cabinet included, in addition to Prime Minister
Begin, fifteen ministers with portfolio: agriculture; construction and
housing; defense; education and culture; energy and infrastructure; finance;
defense; foreign affairs; health; immigrant absorption; industry, commerce,
and tourism; interior; justice; labor and social welfare; religious affairs;
and transport and communications. Interministerial coordination is the
responsibility of the four standing cabinet committees and of the Office of
the Prime Minister or, more precisely, of the Government Secretariat located
in that office. Headed by the secretary to the government (government
secretary or cabinet secretary as the position is also known), the secretariat
prepares the agenda for the meetings of cabinet and cabinet committees,
maintains their records, coordinates the work of ministries, and informs the
public of government decisions and policies.

     In the Office of the Prime Minister, in addition, are the Prime
Minister's Bureau, which deals with confidential matters of the chief
executive, and a staff of advisers on political and legal issues, petitions,
and complaints, and Arab and welfare affairs. Invariably the most influential
of the advisory personnel carries the title of "director-general and political
advisor" to the prime minister. Other constituent units of the office include
the state archives and library, government names committee, government press
office, national council for research and development, technological and
scientific information center, atomic energy commission, institute for
biological research, national parks authority, and central bureau of
statistics.

The Civil Service

     Government employees are recruited by a merit system, with appointment,
promotion, transfer, termination, training, discipline, and conditions of
employment regulated by law. They are prohibited, especially in the senior
grades, from engaging in partisan politics under the Civil Service
(Restriction of Party Activities and Fund-Raising) Law of 1959. As of March
1976 there were 59,232 government employees; this figure does not include the
Israel Police Force, teachers (who are technically "municipal employees"),
civilian workers in the defense establishment, and employees of the State
Employment Service and the autonomous Israel Broadcasting Authority.

     The civil service is headed by a commissioner appointed by the cabinet
and directly responsible to the minister of finance. The commissioner, with
the rank of director general, has broad responsibility for examination,
recruitment, appointment, training, and discipline. In practice, however,
except for senior grades, these matters are left to the discretion of the
various ministries. The commissioner is also chairman of the Civil Service
Board consisting of three directors general representing government ministries
and three members representing the public; the purpose of the board is to
administer the civil service pension system. In addition, he directs the
operation of the Central School of Administration in Jerusalem and furnishes
administrative services to the Civil Service Disciplinary Court. Civil
servants are automatically members of the Civil Servants' Union, a practice
in effect since 1949 when the union became part of the General Federation
of Labor (Histadrut HaOvdim Haklalit, known as Histadrut-literally,
organization). Any basic changes in the conditions of government employment
must have the concurrence of the union. The mandatory retirement age is
sixty-five; pensions are from 20 to 70 percent of terminal salary depending
on length of service.

The Knesset

     The Knesset is a unicameral parliament and the supreme authority of the
state. Its 120 members are elected by universal suffrage for a four-year term
under a system of proportional representation (see The Electoral Process, this
ch.). The legislative competence of the Knesset is unlimited, and legislative
enactments may not be vetoed by either the president or the prime
minister. These enactments cannot be nullified in the Supreme Court, which,
without the power of judicial review, cannot act as a constitutional court.
The regular four-year term of the Knesset can be terminated by the Knesset
only, which may then call for a new general election before its term expires.

     The Knesset also has a broad power of direction and supervision over
the operations of government. It approves the budgets, checks on government
performance by questioning cabinet ministers, provides a public forum for
debates of important issues, conducts wide-ranging legislative inquiries, and
may topple the cabinet through a vote of censure that takes precedence over
all other parliamentary business. The Knesset works through ten legislative
committees: constitution, law, and justice; economic; education and culture;
finance; foreign affairs and defense; house (handles parliamentary rules and
procedure); interior and environment; labor; public services; and state
control.

     Among the first tasks of a new Knesset are to elect a speaker, his
deputies, and the chairmen of the standing committees and to assign members
to these committees. The speaker is assisted by a presidium of several
deputies chosen by the Knesset from the major parties represented in the
Knesset. As a minimum the Knesset is required to sit not less than eight
months a year and meets under weekly agendas (but not on Fridays and Sundays
out of deference to its Muslim and Christian members). The agendas are fixed
by the speaker to question ministers and consider proposals from the
government or motions from members. Allocations of time are made in advance
by the speaker to individual members and parties in order to preclude
filibuster or cloture rules. Other than a national emergency, the most
important item that is dealt with by the Knesset at any session is the budget.

     Following the British pattern, legislation is generally initiated by the
cabinet and to a lesser extent by any of the Knesset committees and in limited
cases by private bills initiated by individual members of the Knesset. Bills
are drafted by the ministries concerned in consultation with the Ministry of
Justice. On approval by majority vote of the cabinet, the draft bills are
sent to the speaker of the Knesset for legislative action. Proposed bills are
considered by appropriate committees and go through three readings before
being voted on by the Knesset in the third reading. Any number of Knesset
members present constitutes a quorum, and a simple majority of those present
is required for passage. Exceptions to this rule apply in the election or
removal of the president of the state, removal of the state comptroller,
changes to the system of proportional elections, and changes to or repeal of
basic laws; in these instances, required majorities are specified by law.

     Apart from the Knesset, which is undeniably the principal source of
legislation, such public institutions as ministries, local authorities,
and independent bodies may frame rules and regulations or subsidiary
legislation on wide-ranging matters. Subsidiary legislation has the effect
of law but may be declared invalid by the courts when it contravenes any
enactment of the Knesset.

     Knesset members are granted certain legal immunities and privileges,
designed to facilitate performance of their duties. They are also exempt from
compulsory military service. The official language of the Knesset is Hebrew,
but Arab members may address the house in Arabic, simultaneous translation
being provided in each case.

The Office of the State Comptroller

     The power of the Knesset to supervise and review government policies and
operations is exercised mainly through the Office of the State Comptroller.
The state comptroller is appointed by the president on recommendation of the
House Committee of the Knesset for a renewable term of five years; he is
responsible to the Knesset alone and may be relieved only by that body, or by
his own resignation or demise. During his term he may not be a member of the
Knesset or otherwise active in politics and is prohibited from any public or
private activity that could create a conflict of interest with the independent
performance of his duties. The office is one of the most powerful in the
state.

     The principal function of the state comptroller is to check on the
legality, regularity, efficiency, economy, and integrity of public
institutions. This is performed by continuous and spot inspections of the
financial accounts and activities of all ministries, the armed forces and
security services, local governments, and any corporations, enterprises, or
organizations subsidized in any form by the state and in which the government
shares the managerial role.

     The state comptroller acts in liaison with the Finance Committee of the
Knesset and reports to it whenever he or the committee finds it necessary
to do so. He may recommend that the finance committee appoint a special
commission of inquiry. Inasmuch as he has no statutory authority to enforce
compliance, the state comptroller relies on the Knesset to impose sanctions
on errant bodies. His office is divided into five major units of inspection:
the first four are concerned with, respectively, ministries, defense services,
local authorities, and corporations. The fifth is known as the Office of the
Commissioner for Complaints from the Public, which deals specifically with
complaints lodged by the public concerning any matter within the jurisdiction
of the state comptroller.