Knesset

Israeli Ministry of Finance, Jerusalem

The Knesset is Israel's unicameral legislature and is seated in Jerusalem. Its 120 members are elected to 4-year terms through party-list proportional representation (see electoral system, below), as mandated by the 1958 Basic Law: The Knesset. Knesset seats are allocated among parties using the D'Hondt method of party list proportional representation. Parties select candidates using a closed list. Thus, voters select the party of their choice, rather than any specific candidate. Israel requires a party to meet an election threshold of 3.25% ^[9] to be allocated a Knesset seat. All Israeli citizens 18 years of age and older may participate in legislative elections, which are conducted by secret ballot.

As the legislative branch of the Israeli government, the Knesset has the power to enact and repeal all laws. It enjoys de jure parliamentary supremacy, and can pass any law by a simple majority, even one that might arguably conflict with a Basic Law, unless it has specific conditions for its modification. The Knesset can adopt and amend Basic Laws acting through its capacity as a Constituent Assembly. The Knesset also supervises government activities through its committees, nominates the Prime Minister and approves the cabinet, and elects the President of the State and the State Comptroller. It also has the power to remove the President and State Comptroller from office, revoke the immunity of its members, and to dissolve itself and call new elections.

The February 2009 elections produced five prominent political parties; Kadima, Likud, Israel Beytenu, Labor and Shas, each with more than ten seats in the Knesset. Three of these parties were ruling parties in the past. However, only once has a single party held the 61 seats needed for a majority government (the Alignment from 1968 until the 1969 elections). Therefore, aside from that one exception, since 1948 Israeli governments have always comprised coalitions. As of 2009, there are 12 political parties represented in the Knesset, spanning both the political and religious spectra.

Electoral system

IDF soldier at voting booth

Israel's electoral system operates within the parameters of a Basic Law (The Knesset) and of the 1969 Knesset Elections Law.

The Knesset's 120 members are elected by secret ballot to 4-year terms, although the Knesset may decide to call for new elections before the end of the 4-year term, and a government can change without a general election; since the 1988 election, no Knesset has finished its 4-year term. In addition a motion of no confidence may be called. Voting in general elections takes place using the highest averages method of party-list proportional representation, using the d'Hondt formula.

General elections use closed lists: voters vote only for party lists and cannot affect the order of candidates within the lists. Since the 1992 Parties Law, only registered parties may stand. There are no separate electoral districts; all voters vote on the same party lists. Suffrage is universal among Israeli citizens aged 18 years or older. Voting is optional. Polling locations are open throughout Israel; absentee ballots are limited to diplomatic staff and the merchant marine. While each party attains one seat for 1 in 120 votes, there is a minimum threshold of 3.25% for parties to attain their first seat in an election.^[10] This requirement aimed to bar smaller parties from parliament but spurred some parties to join together simply to overcome the threshold. The low vote-threshold for entry into parliament, as well as the need for parties with small numbers of seats to form coalition governments, results in a highly fragmented political spectrum, with small parties exercising extensive power (relative to their electoral support) within coalitions.^[11]

The president selects the prime minister as the party leader most able to form a government, based on the number of parliament seats his or her coalition has won. After the president's selection, the prime minister has forty-five days to form a government. The Knesset collectively must approve the members of the cabinet. This electoral system, inherited from the Yishuv (Jewish settlement organization during the British Mandate), makes it very difficult for any party to gain a working majority in the Knesset and thus governments generally form on the basis of coalitions. Due to the difficulties in holding coalitions together, elections often occur earlier than scheduled. The average life-span of an Israeli government is about two years. Over the years, the peace process, the role of religion in the state, and political scandals have caused coalitions to break apart or have produced early elections.^[11]

Judicial courts

Israeli judicial courts consist of a three-tier system:

• Magistrate Courts serve as the court of first instance
• District Courts serve as the appellate courts and the court of first instance for some cases;
• The Supreme Court acts as both a court of first instance in matters concerning the legality of decisions of state authorities, and as a supreme appellate court.

Religious courts

Jerusalem Great Synagogue, seat of Chief Rabbinate

Some issues of family law (marriage and divorce in particular) fall either under the jurisdiction of religious courts or under parallel jurisdiction of those and the state's family courts. The state maintains and finances Rabbinical, Sharia and various Canonical courts for the needs of the various religious communities. All judges are civil servants, and required to uphold general law in their tribunals as well. The Supreme Court serves as final appellate instance for all religious courts.

Jewish religious courts are under control of the Prime Minister's Office and the Chief Rabbinate of Israel. These courts have jurisdiction in only five areas: Kashrut, Sabbath, Jewish burial, marital issues (especially divorce), and Jewish status of immigrants. However, except for determining a person's marital status, all other marital issues may also be taken to secular Family Courts.

The other major religious communities in Israel, such as Muslims and Christians, have their own religious courts. These courts have similar jurisdiction over their followers as Jewish religious courts, although Muslim religious courts have more control over family affairs.

Labor courts

Israel National Labor Court, Jerusalem

There are five regional labor courts in Israel as a tribunal of first instance, and a National Labor Court in Jerusalem to hear appeals and few cases of national importance. The labor courts have exclusive jurisdiction over cases involving employer-employee relationship, employment, strikes and labor union disputes, labor-related complaints against the National Insurance Institute, and Health Insurance claims.

Military courts

Israel Military Court, Jaffa

The Israel Defense Forces (IDF) maintains a series of district military courts and special military tribunals. The Military Court of Appeals is the IDF's supreme appellate court. It considers and judges over appeals submitted by the Military Advocate General, which challenges decisions rendered by the lower courts.

Court of Admiralty

In all matters having to do with admiralty, commercial shipping, accidents at sea, and other maritime matters, the Haifa District Court, sitting as the Court of Admiralty, has exclusive statewide jurisdiction.

The relationship between the Government and the Knesset

The Basic Law: The Government contains a number of checks and balances between the Knesset and the Government.

The fact that the Government holds office by virtue of the confidence of the Knesset creates a significant check on the Government’s power, but there are also restrictions on the Knesset’s ability to vote no confidence in the Government. The Government serves with the confidence of the Knesset, but the Knesset is limited to a constructive vote of no confidence under Basic Law: The Government (2001).^[13] Members of the Knesset are also disincentivized from supporting a vote of no confidence for the purpose of obtaining a ministerial portfolio in a subsequent government, as when members of Knesset (MKs) defect from their faction — which is defined as opposing one’s party’s position on a vote of confidence —  they are ineligible to serve as ministers during that Knesset, and they cannot run on their party’s list in the subsequent election.^[14][15]

Additionally, the Knesset can exercise oversight over the Government. Knesset committees can compel testimony of government ministers, and the Government is required to comply with such oversight requests. The Basic Laws also reserve a role for the Knesset minority, with 40 MKs empowered to compel the Prime Minister’s attendance in the Knesset on a set topic.^[16][17] The Basic Laws contemplate a regularized system of oversight, with any reorganization of ministerial powers requiring Knesset approval and the creation of a committee in the Knesset to oversee the ministry.^[18] This requirement supports the Knesset’s oversight of ministerial regulations. When government ministers issue regulations that involve criminal sanctions for violations, the Knesset committee that oversees that committee has the ability to invalidate that regulation within 45 days.^[19] The Israeli Supreme Court has emphasized the importance of such oversight mechanisms, in some cases requiring the government avoid taking action, including during a state of emergency, unless and until the Knesset can properly exercise oversight of it through its committees.^[20]