It is doubtful whether there exists
another State in the world, which managed to set up and maintain a
democratic system under conditions such as those under which the State
of Israel was established. First of all, the overwhelming majority of
the Jewish people who immigrated to Israel arrived from countries around
the world, in which a democracy had never existed, and a democratic
tradition had never developed - countries in Eastern Europe, Asia,
Africa, and Latin America.
Secondly, since the beginning of the return
to Zion in the modern age, the Jewish people in Eretz Israel had lived
under conditions of a persistent and bloody war with its Arab neighbors -
conditions which are not conducive to the growth and flourishing of a
democratic system, but rather to the development of a barrack state.
Thirdly, some of the basic concepts and principles of the Western
secular democratic state, which was the model upon which the founding
fathers designed the political system of the State of Israel, appear to
contradict the orthodox Jewish religious law on issues such as
constitution, human rights and the separation of religion and State.
But side by side with the factors which should have disturbed the
development of the democratic fabric in the State of Israel, there were
also forces pulling in the direction of democracy - and it was these
forces which were predominant. In fact, there was no other way to bring
back to Eretz Israel the Jewish communities from the four corners of the
earth - communities with different cultures and traditions - bring them
together and mould from them a single political and social entity,
which would not crash or disintegrate at the first sign of trouble,
except the democratic way.
It is no coincidence that the tradition of parliament democracy
started to develop in the Zionist Organization and in Eretz Israel even
before the establishment of the State. The Zionist Congress, which first
met in Basel in 1907, and the elected assembly, which was the house of
representatives of the Jewish community in Eretz Israel in the years
1920-1948, both influenced the structure of the Knesset, its
regulations, its modus operandi, the manner in which it is elected, the
make-up of its parties and its relations with the executive branch. Even
the Great Knesset, which was set up after the first return to Zion (in
the 6th century BC), had an influence on the house of representatives of
the modern State of Israel - in that the number of Knesset Members was
set at 120 on the basis of the assembly that functioned close to 2,500
years ago.
Defense of Democracy
The public is not always aware of the real and important work
performed within the Knesset building, and there is no correct and
sufficient appreciation of the fact that the Knesset has not only
managed to neutralize anti-democratic phenomena, but performs its
functions and tasks with praiseworthy success.
On the subject of neutralizing anti-democratic phenomena, it is enough if we bring up two examples. The one, the amendments of 1986
to the "Basic Law: the Knesset" and the Knesset Elections Law, which
prevent election to the Knesset from parties that incite to racism and
deny the democratic character of the State of Israel. The second, the
legislation against "kalanterism" - the phenomenon of Knesset Members
moving from one party to another in exchange for positions or material
benefits - which appeared in its full ugliness following the fall,
through a vote of no-confidence, of the National Unity Government in
March 1990.
One of the important tasks assigned to the Knesset was the
preparation of a constitution for the State of Israel. Even though 45
years after the establishment of the State the task has not yet been
completed, the laborious enterprise continues, and as far as the complex
Israeli political reality permits, the Knesset has been legislating,
one by one, the basic laws
- which will together, as a single unit, constitute the constitution of
the State of Israel. It is possible that the task will be completed in
the course of the 13th Knesset, for the Constitution, Law and Justice
Committee is currently dealing with the final drafting of the "Basic
Law: Legislation" which has already passed its first reading, and the
"Basic Law: Human Rights". In the drafting of the latter, the legislator
faces difficult problems, because there is a fear in religious circles
that the drafting of the law in universal terms will contradict the
Jewish essence of the State. In order to overcome the difficulties and
make progress towards the desired direction, it was decided to legislate
this law chapter by chapter, where two passes towards the end chapter,
where two passed towards the end of the term of the previous Knesset,
and an additional two are currently being dealt with.
The central task of the legislature is to legislate. What singles
the Israeli legislature out in recent years is the growth in the number
of private members' bills that get through. Between the First Knesset
and the Ninth, only seven percent of the laws passed were initiated by
backbenchers, while the rest was initiated by the Government. In 1993,
close to 50 percent of the laws passed were the result of the initiative
of individuals and groups. One of the problems involved in this process
is that at least some of the private members' bills, once they become
operative, involve vast Government is either unable or unwilling to
undertake. On this issue it is important to increase the cooperation
between the legislative and executive branches, so that it will not seem
as if the latter stands in contempt of the wishes of the former.
Among the most important laws brought up by the government every
year for the approval of the Knesset is the budget law and its annexes.
In the past this law used to get through third reading with hardly any
changes. Today, not only does the Knesset hold a real debate on the
controversial articles in it, but the Finance Committee has decisive
influence on the formulation of the budget, so that the budget which
emerges from the hands of the legislator is different in many articles
than that originally presented by the Minister of Finance. It is
difficult to imagine a better example of true supervision of the
government by the house of representatives, even though in its essence
the supervision reflects sectorial and partisan interests much more than
national ones.
The Importance of the Committees
As in legislatures in other democratic states in the world, so in
the Knesset a major part of the parliamentary work is conducted in the
committees and not in the plenary. Traditionally, the Finance Committee
and the Foreign Affairs and Security Committee were regarded as the most
important of the standing Knesset committees. As has already been
mentioned, the Finance Committee plays today a central role in the
shaping of the state budget. The Foreign Affairs and Security Committee
also plays a more important role than in the past, since the setting up
of the Meridor Committee to examine the overall security policy of the
State of Israel.
In the last Knessets, the importance of the State Control Committee, which works closely with the office of the State Comptroller,
has turned into a much more effective supervisory tool than it ever was
in the past, supervising the activities of the ministries and their
agencies. The prestige of other committees has also risen, such as that
of the Labor and Welfare Committee, the Constitution, Law and Justice
Committee and the Education and Culture Committee.
There are currently 12 permanent committees
functioning in the Knesset, as well as special committees, committees
on a particular matter, and parliamentary inquiry committees. In
addition, an attempt was made to make the work of the committees more
efficient by limiting the number of members in the Finance Committee and
the Foreign Affairs and Security Committee to 17, and in the other
committees to 15.
Amendments to the Electoral System
Much has been said in the country about the need for electoral
reform, to change the system from one based on the national-proportional
method, which causes a multiplicity of parties elected to the Knesset,
and the need to set up complicated coalitions which are not always
stable - to a system based on constituencies, which is expected to
reduce the number of parties. The most recent proposal to have been
dealt with in the Knesset, speaks of the election of half the Knesset
Members in accordance with the current method (national-proportional),
and the other half in constituencies in each of which several Knesset
Members will be elected. However, even though during the term of the
first National Unity Government, the Likud and the Labor Party agreed to
pass such a change, due to the opposition of the ultra-religious
parties, the plan was put on ice.
The only fundamental changes introduced in the system of election
towards the end of the term of the 12th Knesset were the raising of the
qualifying threshold from one to one and a half percent (which blocked
the way of several small lists into the 13th Knesset, and brought down
the number of factions in the Knesset from 15 in the 12th Knesset to 10
in the 13th,) and the holding of direct elections for the Prime Minister
simultaneously with the Knesset elections, as of the elections to the
14th Knesset. The main intention of the change was to change the balance
of power between the Prime Minister on the one hand and the Knesset on
the other, while diminishing the power of the latter so that it will no
longer have the sole right to decide when new elections will take place,
and will also have difficulties in bringing the government down by
means of a vote of no-confidence.
On March 7, 2001, the Knesset voted to change the system of
direct prime-ministerial elections and restore the one-vote
parliamentary system of government that operated until 1996, going into
effect with the elections to the 16th Knesset in January 2003.
Even though Israel does not yet have regional elections, as a
result of the introduction of the system of primaries in some of the
parties - a system which is still controversial and open to public
debate - the number of Knesset Members representing the regions from
which they come, has grown, and the phenomenon of localism in the
Knesset has expanded. It is noteworthy that the Knesset today represents
the heterogeneity of the Israeli population in a much fuller manner
that in the past - a development which partially stems also from the
primaries system. Nevertheless, there is still room for improvement,
especially insofar as the representation of women (who are represented
in the Knesset by 10 members only, even though women constitute over 50
percent of the population) and of the Arab population is concerned.
The Knesset and the High Court of Justice
While one of the intentions of the amendment of the "Basic Law: the Government"
was to bring about a change in the system of relations between the
legislative and executive branches, more and more voices are being heard
calling for a change also in the relations between the legislative and
judiciary branches, and this as a result of what appears to be the
ever-growing intervention of the High Court of Justice
in the work of the Knesset. What is actually happening is that a
growing number of Knesset Members and others are approaching the HCJ
with appeals concerning Knesset decisions and its authorities. Red
lights went on especially after the HCJ required the Knesset to hold a
repeat vote on the matter of the lifting of the immunity of a Knesset
Member. The repeat vote led to a reversal of the decision of the
Knesset, and the immunity which was lifted in the first secret vote, was
not lifted in the repeat vote. Many regarded this decision as an
insupportable intervention by the HCJ in the decisions of the Knesset,
and called for legislation which would curtail the powers of HCJ, and
prevent in the future such intervention. This issue hasn't yet been
resolved, but one may hope that an attempt will not be made to conspire
against the HCJ by means of legislation, for this would undermine the
foundations of our democratic system.
Nevertheless, one should condition the intervention of the HCJ in
the affairs of the Knesset to those cases in which the Knesset, or one
of its authorities, diverge in a major way from the rules of the game,
and implement in an extreme manner one form or another of a dictatorship
of the majority in matters, which due to their political nature are
clearly not judiciable.
Knesset Debates
It is difficult to ignore the verbal violence which breaks out from
time to time in the Knesset plenary. And yet, anyone who looks through
the Knesset minutes, even those of stormy and tense debates, cannot but
be impressed with the fact that the debates which take place in it are
real, deal with the issues which are at the centre of the national
agenda, and faithfully express the wealth of ideas, approaches and
beliefs which exist in Israeli society.
Even if there is room for improvement in the culture of debate in
the country, we are fortunate to be living in a society in which all
ideas can manifest themselves in an open and documented debate, at the
end of which decisions which are adopted in an orderly manner -
decisions which are accepted by the majority. At times the decisions are
difficult, and the debates which precede them are bitter - such as the
decision regarding the agreement on restitution payments from Germany,
or the approval of the agreement of principles signed between the
Government of Israel and the PLO. But the majority opinion, as it is
reflected in the factional and human make-up of the Knesset, is
decisive.
At times, events of deep historical significance take place
within the walls of the Knesset, such as the decision regarding the
unification of Jerusalem right after the Six Day War, the historic
speech of Egyptian President Anwar Sadat, and the ratification of the
Peace Treaty between Israel and Egypt. But even when the events are not
so dramatic, no one doubts that the Knesset minutes reflect a serious
part of the historical creation of the State of Israel, and
documentation of this creation.
The most important test of the supreme democratic institution of
the State is the relevancy of its debates and resolutions to what
happens in all the realms of life in Israel. The Knesset passes this
test with honor.
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