Daily we hear news reports about Israel, the Palestinians and the Peace Process. There are often discussions on the news about how these decisions affect the average Israeli and how the government of Israel might handle them.

Before the July Summit in Camp David, it was reported on the news that the Prime Minister of Israel, Ehud Barak, faced and won a no-confidence vote in the Knesset (Israel's Parliament). Just what was that all about?

Since most are only truly familiar with the governmental structures of their own country, it is often hard to understand what is taking place elsewhere where the same governmental systems are not in place. In fact, Israel's style of government probably allows for the most diversity in voices of any government in the world. While this is democracy at its best, it can also be a burden when the resolution of inter-party conflict distracts from matters of state, which often happens.

This Life in Israel series will give you a glimpse of the day-to-day workings of life in Israel. In this installment, we highlight how the government works.

Political Structure

Israel is a parliamentary democracy consisting of legislative, executive and judicial branches. Its institutions are the presidency, the Knesset (parliament), the government (cabinet of ministers) and the judiciary (court system). The system is based on the principle of separation of the powers, with checks and balances in which the executive branch (the government of the Prime Minister and his cabinet) is subject to the confidence of the legislative branch (the Knesset), and the independence of the judiciary is guaranteed by law.

The Presidency

The nasi (president) bears the ancient title of the head of the Sanhedrin, the supreme legislative and judicial body of the Jewish people in the Land of Israel in ancient times. The president is the head of state, with the presidency symbolizing the nation's unity, above and beyond party politics. The president, who may serve two consecutive five-year terms, is elected by a simple majority of the Knesset (not the people), from among candidates nominated on the basis of their personal stature and lifelong contribution to the state.

Law defines presidential duties, which are mostly ceremonial and formal. They include opening the first session of a new Knesset; accepting the credentials of foreign envoys; signing treaties and laws adopted by the Knesset; appointing on recommendation of appropriate bodies, the heads of Israel's diplomatic missions abroad, judges and the governor of the Bank of Israel; and pardoning prisoners, on advice of the Minister of Justice. In addition, the president performs public functions and informal tasks such as hearing citizens' appeals, lending prestige to community organizations and strengthening campaigns to improve the quality of life in the society at large.

In most countries with a parliamentary system, these duties are also the function of their president or monarch. In the US, the president has more power in that he assumes these roles in addition to the executive branch functions found in Israel as the domain of the prime minister.

The Legislature: The Knesset

The Knesset (Israel's parliament) is the country's legislative body. The Knesset took its name and fixed its membership at 120 from the Knesset Hagedolah (Great Assembly), the representative Jewish council convened in Jerusalem by Ezra and Nehemiah in the 5th century BC.

A new Knesset begins to function after general elections, which determines its composition. (This is very important to understanding Israel's political system and is described in more detail in Part 2 of this series, under "Elections,".)

In the first session, Knesset members declare their allegiance, and the Knesset speaker and deputy speakers are elected. The Knesset serves for four years, but may dissolve itself or be dissolved by the prime minister any time during the term and new elections held. Until a subsequent new Knesset is constituted, the old body remains in office.

The Knesset operates in plenary sessions and through 12 standing committees. In plenary sessions, general debates are conducted on legislation submitted by the government or by individual Knesset members, as well as on government policy and activity. Hebrew or Arabic, both official languages in Israel, may be spoken and simultaneous translation is available.

To become law, a bill must pass three readings in the Knesset. In the first reading, the bill is presented to the plenary, followed by a short debate on its contents. If it passes the first reading, it is referred to the appropriate Knesset committee for detailed discussion and redrafting if necessary. (We often hear of this or that extreme idea (like limiting freedom of religion in Israel) coming for a first reading and passing and we get all upset as if it just became law. Most first readings go to committee where they die and never come up for the second and third reading.)

When the committee has completed its work on the bill after the first reading, the bill is returned to the plenary for its second reading, at which time committee members who have reservations may present them to the plenary. Following a general debate, each article of the bill is put to a vote and, unless it is necessary to return it again to committee, the third reading takes place immediately, and a vote is taken on the bill as a whole.

If the bill passes, it is signed by the presiding speaker and is later published in the Official Gazette, with the signatures of the President, Prime Minister, Knesset speaker and the minister responsible for the law's implementation. Finally, the Minister of Justice places the state seal on it and the bill becomes law.

Executive (The Government)

In Israel, the executive authority of the state is the government, which are the Prime Minister and his cabinet. They are charged with administering internal and foreign affairs, including security matters. Its policy-making powers are very wide, and it is authorized to take action on any issue which is not delegated by law to another authority.

The government determines its own decision-making procedures, but usually meets at least once a week. It can also act through ministerial committees.

All governments in the history of Israel have been based on coalitions of several parties, since no party has ever received enough Knesset seats to form a government by itself. To form a government, the newly elected prime minister has to present, within 45 days of the publication of the election results, a list of ministers for Knesset approval, together with an outline of proposed government guidelines.

Once approved, the ministers are responsible to the prime minister for fulfillment of their duties and accountable to the Knesset for their actions. Most ministers are assigned a portfolio and head a ministry; ministers who function without portfolio may be called upon to assume responsibility for special projects. The prime minister may also serve as a minister with one or more ministerial portfolios. The number of ministers cannot exceed 24, nor be less than eight. At least half must be Knesset members; however, in most recent governments they have almost all been Knesset members. Up to six Deputy Ministers can be appointed and all of them must be Knesset members.

Should a prime minister die or be put out of office, the government appoints one of its members as the acting prime minister. He/she must be a Knesset member and has all the power of the prime minister except it cannot dissolve the Knesset. Other ministers continue to function in their same capacity until a newly elected prime minister takes office.

In Part 2, I will discuss the most fascinating process of elections in Israel, which have more action, twist and turns than most sports; the Judiciary branch; and the Law of the land of Israel.

Editor's Note: We discussed the very important checks and balances between the Presidency, the Legislature (the Knesset, Israel's Parliament) and the Executive (the Prime Minister and his cabinet).

Elections

Elections for the Knesset and the prime minister are held at the same time. The entire country constitutes a single electoral constituency, and all citizens are eligible to vote from age 18. On election day, voters cast two secret ballots, one for the prime minister and another for a political party to represent them in the Knesset.

Election day is a national holiday, free transportation is available to voters who happen to be outside their polling district on that day, and polling stations are provided for military personnel, hospital patients and prisoners, as well as for merchant seamen and Israelis on assignment abroad. However, Israelis who happen to be out of the country or live out of the country are not eligible to vote. They must be present in the land to vote.

A central elections committee, headed by a justice of the Supreme Court and including representatives of the parties holding Knesset seats, is responsible for conducting the elections. Regional election committees oversee the proper functioning of local polling committees, which include representatives of at least three parties in the outgoing Knesset. In each election to date, between 77 and 90 percent of all registered voters have cast their ballots, expressing the great interest taken by most Israelis in their national and local politics.

Knesset elections are based on a vote for a party rather than for individuals, and the many political parties which run for the Knesset reflect a wide range of outlooks and beliefs.

The two main parties - Labor, essentially liberal, and Likud, essentially conservative - have historical roots and traditions pre-dating the establishment of the state in 1948, and both began to crystallize into their present form in 1965. In recent years they have become increasingly populist and relatively pragmatic, compared to the parties to their left and right. Neither party has ever attained a majority of Knesset seats. For decades, Labor and Likud have together held about two-thirds of the Knesset membership, with the remaining seats gained by small parties, which may be roughly divided into several groupings: national-religious, ultra-orthodox religious, centrist, left-wing, nationalist, immigrants' and Arab parties. However, in the 1996 elections, the two large parties together received just over half of the seats, with the small parties increasing in strength.

Prior to elections, each party presents its platform and a list of Knesset candidates in order of precedence, determined through various internal procedures; candidates must be Israeli citizens over 21 years of age. The president, state comptroller, judges and senior public officials, as well as the chief-of-staff and high-ranking military officers, are disqualified from presenting their candidacy unless they have resigned their position at least 100 days before the elections.

Parties in the outgoing Knesset automatically stand for reelection; other parties may present their candidacy by obtaining the signatures of 2,500 eligible voters and depositing a bond, which is refunded if they succeed in receiving at least 1.5 percent of the national vote, entitling them to one Knesset seat. Knesset seats are assigned in proportion to each party's percentage of the total national vote. A party's surplus votes, insufficient for an additional seat, are redistributed among the various parties according to their proportional size, or as agreed between parties prior to the elections. A treasury allocation for election campaigns is granted to each party based on its number of seats in the outgoing Knesset. New parties receive a similar allocation retroactively for each member elected. The state comptroller reviews the disbursement of all campaign expenditures.

Candidates for prime minister may be nominated by a party, or parties, with at least 10 seats in the outgoing Knesset, or by 50,000 enfranchised voters. Candidates must be Israeli citizens, over 30 years old and heading a party running for the Knesset. A prime minister who has served for seven consecutive years is not eligible for reelection.

In the elections, the candidate who receives over half of the valid votes becomes the prime minister. In the event that no candidate receives more than half, run-off elections are held two weeks later between the two candidates with the most votes. In the event of a tie, new elections for the prime minister are held.

The prime minister's term of office corresponds to that of the Knesset (four years), except if it is cut short for one reason or another. Whether the elections that follow will be held for the prime minister only (special elections), or for the Knesset as well, is specified by law.

The Judiciary

The independence of the judiciary is guaranteed by law. Judges are appointed by the president, upon recommendation of a nominations committee comprised by Supreme Court judges, members of the bar and public figures. Appointments are permanent, with mandatory retirement at age 70.

The Court System in Israel is multi-level.

The Magistrates' Court has one judge, and hears civil and minor criminal offenses and has jurisdiction in civil and criminal cases.

The District Court has one to three judges, and holds appellate jurisdiction over magistrates' courts and original jurisdiction in more important civil and criminal cases.

The Supreme Court has one, three, five or a larger uneven number of judges. It is the ultimate appellate jurisdiction nationwide; has the right to address issues when necessary to intervene for the sake of justice; the authority to release persons illegally detained or imprisoned. It sits as a High Court of Justice, hears petitions against any government body or agent and is the court of first and last instance.

Special Courts have one judge and are defined as traffic, labor, juvenile, military and municipal courts, with clearly defined jurisdiction, and serve as administrative tribunals.

Religious Courts, called the Beit Din, have one or three judges, and hold jurisdiction in matters of personal status (marriage, divorce, maintenance, guardianship, adoption) vested in judicial institutions of respective religious communities: Jewish rabbinical courts, Muslim sharia courts, Druze religious courts, and ecclesiastical courts of the ten recognized Christian communities in Israel.

Law Of The Land

Israeli law, as do those of many western countries, derives its justice from principles set forth in the Bible.

Upon attaining independence (1948), Israel passed the Law and Administration Ordinance, stipulating that laws prevailing in the country prior to statehood would remain in force insofar as they did not contradict the principles embodied in the Declaration of the Establishment of the State of Israel or would not conflict with laws to be enacted by the Knesset. Thus the legal system includes remnants of Ottoman law (in force until 1917), British Mandate laws, which incorporate a large body of English common law, elements of Jewish religious law and some aspects of other systems. However, the prevailing characteristic of the legal system is the large corpus of independent statutory and case law which has been evolving since 1948.

Following the establishment of the state, the Knesset was empowered to enact a series of basic laws, relating to all aspects of life, which would eventually be brought together to form a constitution. Most chapters have already been passed as Basic Laws outlining the fundamental features of the government such as the President, the Knesset, the Government, the Judicature, Israel Defense Forces, the state comptroller, Freedom of Occupation (dealing with the right to follow the vocation of one's choosing), and Human Dignity and Liberty, which addresses protections against violation of a person's life, body or dignity. The superiority of Basic Laws over ordinary legislation was confirmed in 1995, when the Supreme Court assumed the power of judicial review of Knesset legislation violating a Basic Law.

Over the years, a body of case law has developed through Supreme Court rulings which protect civil liberties, including freedom of speech, freedom of assembly, freedom of religion, and equality as fundamental values of Israel's legal system. In its capacity as a High Court of Justice and acting as the court of first and last instance, the Supreme Court also hears petitions brought by individuals appealing for redress against any government body or agent.

With appreciation from: