Foundation for
Constitutional Democracy
ааааа
July 1, 1999
Position Paper II:а
УHow to Increase the Power and Dignity of the KnessetФ
The 1949 Transition Law renders
the Knesset the most powerful branch of Israeli government, if not the most
powerful legislature in the world.а In
fact, however, the Knesset is not only weak, but it is losing more and more of its
remaining power to the Supreme Court.а
This is ironic, because the Supreme Court, unlike its American
counterpart, is not a co-equal branch of government.а To the contrary, it derives its legal power from the
Knesset!а Nevertheless, the Court now
acts like a super legislature, arousing criticism from former Supreme Court
justices as well as нfrom politicians and academics across the political
spectrum.
ааааааааааа A
more important factor that weakens the Knesset is fixed party listsЧsomething
rare in the democratic world.а The
system of fixed party lists makes MKs dependent on their party leaders in the
Government (where more than 80% of legislation and almost all major legislation
originates).а Since party leaders head
the cabinet ministries, MKs canТt effectively fulfill the function of
administrative oversight.а This is why
the State Comptroller annually reports so much inefficiency, waste, and
corruption in the bureaucracy.
Also, the low electoral threshold
of 1.5% fragments and paralyzes the Knesset (which is one reason why the
Supreme Court has become a super legislature).а
It should be noted that the Knesset has never toppled a Labor- or
Likud-led government on a vote of no confidence.а Basic Law:
The Government stipulates
that УThe Government can do in the name of the State, subject to any law, any
act whose doing is not enjoined by law upon another authority.Фа Hence the Government can declare war, make
treaties with statesЧeven terrorist organizationsЧand change the exchange rate
without consulting the Knesset!
To
remedy this situation, it will be absolutely necessary to establish regional
electionsЧthe system used in 74 democratic states.аа This will give MKs a base of power in their constituencies.а An MK will then have to make a balanced
judgment concerning the interests of his constituents, his party, and his own
conscience.а We recommend either the
УPersonalizedФ Proportional Representation system used in some European
countries, or the Preferential Vote system used in Australia.а Whatever system is proposed, it should be
tailored to IsraelТs political geography, and in such a way as not to have too
adverse an affect on the existing distribution of seats in the Knesset.аа
At
the same time, however, the electoral threshold should be raised to 5%
(Ben-Gurion once proposed a 10% threshold!).а
A 5% threshold would reduce the number of parties or party coalitions in
the Knesset to four or five.а This would
improve the KnessetТs performance.аа It
would also streamline the Government and enable it to pursue more coherent and
resolution national policies.аа The
would promote national unity and security.
The
Knesset should also be empowered to ratify treaties, but only after its members
have had 30-day period in which to conduct public hearings.а Also, ratification should require at least a
three-fifths vote of a Knesset plenum.а
These reforms would increase the power and elevate the dignity of the
Knesset.а (This in itself would tend to restrain
the Уjudicial activismФ of the Supreme Court.)
Finally,
it should be emphasized that a truly representative democracy requires regional
elections.аа And only a Knesset based on
regional elections will be moved by public opinion to enforce the Party Law
prohibiting any party that negates the Jewish character of the State.