Israel 2013 PDF
Israel 2013 PDF
Israel 2013 PDF
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Table of contents
Basic Law: The Knesset (1958) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
1. What the Knesset is . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
2. Place of sitting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
3. Composition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
4. Electoral system . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
5. The right to vote . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
5A. The right to present a list of candidates (Amendments 19 and 21) . . . . . . . . . . . . . . . . . . . . . 9
6. The right to be elected (Amendments 8, 10, 22, and 26) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
6A. Restriction on the candidacy of a Knesset member seceding from his faction (Amendments
12, 21 and 36) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
7. Who shall not be a candidate (Amendments 2, 21, and 33) . . . . . . . . . . . . . . . . . . . . . . . . . . 10
7A. Prevention of participation of candidates' list (Amendments 9, 35, and 39) . . . . . . . . . . . . . 11
8. Term of office of the Knesset . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
9. Date of elections (Amendment 1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
9A. Extending the Knesset's term (Amendment 15) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
10. Election day to be a day of rest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
11. Publication of election results (Amendment 20) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
12. Convening of the Knesset (Amendment 37) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
13. Amendments 27, and 37 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
14. The opening meeting (Amendment 23) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
15. Declaration of allegiance by members of the Knesset (Amendment 23) . . . . . . . . . . . . . . . . 13
16. Failure to make declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
16A. Failure to make declaration due to dual citizenship (Amendment 22) . . . . . . . . . . . . . . . . 13
17. Immunity of Knesset members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
18. Immunity of Knesset buildings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
19. Procedure and rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
20. Chairman and Vice-Chairmen (Amendments 24, 27, 34 and 37) . . . . . . . . . . . . . . . . . . . . . 13
20A. Acting Chairman and Interim Chairman of Knesset (Amendments 4, 24 and 27) . . . . . . . . . 14
21. Committees (Amendments 13, 14, 16, and 28) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
21A. Knesset supervision of secondary legislation (Amendment 30) . . . . . . . . . . . . . . . . . . . . . 15
22. Commissions of inquiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
23. Government member who is not a member of the Knesset . . . . . . . . . . . . . . . . . . . . . . . . . 15
24. Quorum (Amendment 6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
25. Majority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
26. Meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
27. Publicity of meetings (Amendment 17) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
28. Publication (Amendment 17) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
29. Amendment 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
30. Amendment 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
31. Sessions (Amendments 5 and 29) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
32. Amendment 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
33. Amendments 25, 27, and 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
34. Dissolution of the Knesset (Amendment 15) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
35. Date of elections after dissolution of the Knesset (Amendment 30) . . . . . . . . . . . . . . . . . . . 16
36. Term of office of the Knesset after dissolution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
36A. Dispersion due to failure to adopt budget (Amendment 30) . . . . . . . . . . . . . . . . . . . . . . . 17
37. Continuity of the Knesset . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
38. Extension of validity of enactments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
39. Remuneration of members of the Knesset . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
40. Resignation of member of the Knesset . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
41. Consequences of resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
42. Termination of tenure or candidacy (Amendment 33) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
42A. Knesset member who has been convicted (Amendments 7, 18, 26, and 32) . . . . . . . . . . . . 18
42B. Suspension (Amendments 7, 26 and 38) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
43. Replacement of Knesset member (Amendment 7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
44. Law not to be affected by emergency regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
45. Entrenched sections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
45A. Application of entrenchment (Amendment 15) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
46. Special majority when required (Amendments 3, 11, and 15) . . . . . . . . . . . . . . . . . . . . . . . 19
4. Responsibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
5. Composition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
6. Eligibility of Ministers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
7. Assignment of task of forming Government . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
8. Periods for formation of Government . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
9. Re-assignment of task . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
10. Assignment of task at the request of party groups . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
11. Early elections in the event of failure to form a government . . . . . . . . . . . . . . . . . . . . . . . . 43
12. Discontinuance of proceedings for formation of Government . . . . . . . . . . . . . . . . . . . . . . . 43
13. Formation of Government . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
14. Declaration of allegiance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
15. Cooption of a Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
16. Acting Prime Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
17. Interrogation and impeachment of the Prime Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
18. Removal from office pursuant to an offense . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
19. Resignation of Prime Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
20. Death or permanent incapacity of Prime Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
21. Prime Minister or Acting Prime Minister ceasing to function as members of Knesset . . . . . . 45
22. Termination of tenure of Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
23. Termination of tenure of Minister pursuant to an offense . . . . . . . . . . . . . . . . . . . . . . . . . . 46
24. Acting Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
25. Deputy Ministers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
26. Termination of service of a Deputy Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
27. Termination of tenure of Deputy Minister pursuant to an offense . . . . . . . . . . . . . . . . . . . . 47
28. Expression of no confidence in the Government . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
29. Authority to disperse the Knesset . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
30. Continuity of Government . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
31. Functioning of the Government . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
32. Residual powers of Government . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
33. Delegation of powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
34. Assumption of powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
35. Secrecy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
36. Salaries and pensions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
37. Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
38. Declaration of a state of emergency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
39. State of emergency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
40. Declaration of war . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
41. Inapplicability of emergency laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
42. The Government and Knesset committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
2. Place of sitting
The place of sitting of the Knesset is Jerusalem.
• Secret ballot
• First chamber selection
4. Electoral system
The Knesset shall be elected by general, national, direct, equal, secret and
proportional elections, in accordance with the Knesset Elections Law; this section
shall not be varied save by a majority of the members of the Knesset.
• First chamber selection 5A. The right to present a list of candidates (Amendments
19 and 21)
A list of candidates for the Knesset shall be submitted only by a party; The means of
association and registering of parties and the conditions for submitting a list of
candidates shall be determined by law.
• Electoral commission 6. The right to be elected (Amendments 8, 10, 22, and 26)
• Minimum age for first chamber a. Every Israel national who on the day of the admission of a candidates list
• Eligibility for first chamber
containing his name is twenty-one years of age or over shall have the right to be
elected to the Knesset, unless a court has deprived him of that right by virtue of
Law, or he has been sentenced, by a final judgment, to a penalty of actual
imprisonment for a term exceeding three months and on the day of submission
of the list of candidates seven years have not yet passed since the day when he
terminated his period of imprisonment, unless the chairman of the Central
Elections Committee has determined that the offence of which he has been
convicted, in accordance with the circumstances, does not bear moral turpitude.
b. [Annulled]
c. A candidate for the Knesset who has been sentenced as specified in subsection
(a) and whose judgment has become final after the submission of the list of
candidates and before he has assumed tenure as a Knesset member, will be
deemed to have withdrawn from the list of candidates that includes his name, or
from his tenure in the Knesset, as relevant, unless the chairman of the Central
Elections Committee has determined that the offence of which he has been
convicted, in accordance with the circumstances, does not bear moral turpitude.
d. The determination of the chairman of the Central Elections Committee under
subsections (a) and (c) is not required if the court has stated by law that the
offence, in accordance with the circumstances, does bear moral turpitude.
e. For the purpose of this section –
• "Actual imprisonment" means the sum of all terms of actual imprisonment
the convicted person must serve in a single continuous period, even if
ordered in different sentences, including suspended sentences that have
been activated;
• "Offence" means each of the offences for which a period of actual
imprisonment has been ordered.
4. a judge (dayan) of a religious court;
5. the State Comptroller;
6. the Chief of the General Staff of the Defense Army of Israel;
7. rabbis and ministers of other religions, while holding paid office;
8. senior State employees and Army officers of such grades or ranks and in
such functions as shall be determined by Law.
9. policemen and prison warders of such ranks and positions as shall be
determined by law;
10. employees of corporations established by law of such ranks and positions
as shall be determined by law.
Unless they have ceased to serve in the aforementioned position or office, prior to
the date for submitting the lists of candidates for the Knesset, and if an earlier date
has been set by law prior to the set date.
• Eligibility for first chamber 16A. Failure to make declaration due to dual citizenship
(Amendment 22)
Has the Knesset member been the holder of an additional non-Israeli citizenship, and
the laws of the country whose citizenship he holds permit his release from such
citizenship, he shall not declare allegiance until after he has done everything
required on his part to be released from such citizenship, and he shall not enjoy the
rights of a Knesset member until he makes his declaration.
• Leader of first chamber 20. Chairman and Vice-Chairmen (Amendments 24, 27, 34
and 37)
a. The Knesset shall elect from among its members a Chairman and
Vice-Chairmen. Until the Chairman is elected, the most senior Knesset member
who is not the Prime Minister, a Minister or Deputy Minister, shall serve as
Interim Chairman. In this section, "senior" means the one whose term of office in
the Knesset is the longest, consecutively or non-consecutively, and among those
with equal seniority - the oldest.
b. The Knesset may, in its Rules, set restrictions on the election of a Knesset
member to serve as Chairman or Vice-Chairman.
• Leader of first chamber 20A. Acting Chairman and Interim Chairman of Knesset
(Amendments 4, 24 and 27)
a. Whenever the Chairman of the Knesset leaves the territory of the State, a
Vice-Chairman shall serve as Acting Chairman until his return.
• Legislative committees b. Whenever the Chairman of the Knesset notifies the House Committee, or if the
House Committee decides, that for reasons of health the Chairman of the
Knesset is temporarily unable to carry out his functions, or the Chairman
announces that he is temporarily unable to perform his duties and the House
Committee acknowledges his announcement, a Vice-Chairman shall serve as
Acting Chairman until the Chairman notifies the House Committee or until the
House Committee decides that the Chairman is no longer unable to carry out his
functions.
c. When the post of Chairman of the Knesset has fallen vacant - because the
Chairman has resigned or has died or because the House Committee has
decided that for reasons of health he is permanently unable to carry out his
functions - a Vice-Chairman shall serve as Interim Chairman until the Knesset
elects a new Chairman.
c1.
1. If the Chairman of the Knesset is suspended from his post by a decision
under Section 20(c), a Vice-Chairman shall serve as Acting Chairman until
the suspension is lifted or until the election of a new Chairman, as relevant.
2. If the Chairman of the Knesset is removed from his post by a decision under
Section 20(d), a Vice-Chairman shall serve as Acting Chairman until the
election of a new Chairman.
d. The Vice-Chairman who is to serve as Acting Chairman or Interim Chairman of
the Knesset shall be elected in that behalf by the House Committee.
e. During his tenure as Acting Chairman or Interim Chairman of the Knesset, the
Vice-Chairman shall serve in every capacity assigned to the Chairman of the
Knesset by law, shall carry out every function imposed upon the Chairman of the
Knesset by law and shall exercise every power vested in the Chairman of the
Knesset by law.
f. The provisions of this section shall also apply, mutatis mutandis, if the
circumstances envisaged in subsection (a), (b), (c) or (c1) with regard to the
Chairman of the Knesset exist with regard to a Vice-Chairman who is serving as
Acting Chairman or Interim Chairman.
• Legislative committees 21. Committees (Amendments 13, 14, 16, and 28)
• Standing committees a. The Knesset shall elect from among its members permanent committees, and it
may elect from among its members committees for specific matters; the
functions, powers and procedure of the committees shall, in so far as they are
not prescribed by Law, be prescribed by the Rules.
25. Majority
Save as otherwise provided by Law, the Knesset shall pass its decisions by a majority
of those participating in the voting - those abstaining not being reckoned as
participating - and the voting procedure shall be prescribed by the Rules.
26. Meetings
The meetings of the Knesset shall be held at its place of sitting: Provided that in
special circumstances the Chairman of the Knesset may, in consultation with the
Vice-Chairmen, convene the Knesset elsewhere. The meetings of the Knesset shall
take place on workdays.
29. Amendment 17
[Annulled]
30. Amendment 17
[Annulled]
32. Amendment 31
[Annulled]
• Term length for first chamber 36. Term of office of the Knesset after dissolution
If the Knesset decides to dissolve itself, the term of office of the next Knesset shall
run until the month of Cheshvan next following the termination of four years from
the day of its election.
• Budget bills
• Dismissal of the legislature
36A. Dispersion due to failure to adopt budget
(Amendment 30)
a. Non-adoption of the Budget Law within three months subsequent to the
beginning of the fiscal year will be considered to be a Knesset decision on its
dispersion, prior to the completion of its term of service, on the day following
the end of this period (hereafter: the determining date), and early elections will
be held on the last Tuesday before the end of 90 days of the determining date,
unless the Knesset decides by a majority vote of its members, within five days of
the determining date, that because of the proximity of the date of elections to a
holiday, festival day or memorial day, to postpone the elections to a date no later
than 100 days from the determining date.
b. Notwithstanding the provisions of subsection (a), should the President of the
State begin procedures to form a new Government under section 30 of The
Basic Law: The Government, or should a law be adopted to disperse the Knesset,
or should elections to the Knesset be held, after the date for submission of the
Draft Budget under section 3 of The Basic Law: The State Economy and before
the passage of three months from the beginning of the fiscal year, the
determining day under subsection (a), shall be three months from the beginning
of the fiscal year or 45 days from the constitution of the Government, whichever
is later.
• Attorney general
• Removal of individual legislators
42A. Knesset member who has been convicted
(Amendments 7, 18, 26, and 32)
a. Should a Knesset member be convicted, by final judgment, of a criminal offence,
and the court, by its own initiative or at the request of the Attorney-General has
stated that the offence carry moral turpitude, his membership of the Knesset
shall end on the day the judgment becomes final, no matter if the offence was
committed when he was a member of that same Knesset, a member of a
previous Knesset, or before he was a member of the Knesset.
b. Subsection (a) shall apply also to a Knesset member whose judgment became
final after he began to serve as a member of the Knesset; the request of the
Attorney-General in accordance with subsection (a) may be submitted as long as
the judgment has not become final; the request shall be submitted to the court
that handed the judgment, and if an appeal has been filed, to the court of appeal.
b. Where a person's membership of the Knesset has been suspended under section
42B, his seat shall become vacant for the period of the suspension and his place
shall be taken by the candidate referred to in subsection (a). If he resumes his
seat, the last of the list of candidates who became a Knesset member shall cease
to hold office, but his right to become again a Knesset member thereafter, by
virtue of the provision of subsection (a), shall not be affected thereby.
• Constitution amendment procedure 46. Special majority when required (Amendments 3, 11,
and 15)
The majority required by this Law for a variation of section 4, 9A, 34, 44 or 45 shall
be required for decisions of the Knesset plenary at the first, second and third
readings. In this section, "variation" means both an express and an implicit variation.
2. Permission by Law
Section 1 shall not apply to classes of lands and classes of transactions determined
for that purpose by Law.
3. Definition
In this Law, "lands" means land, houses, buildings and anything permanently fixed to
land.
2. Place of residence
The place of residence of the President of the State shall be Jerusalem.
3. Where a member of the Knesset sponsored the proposal of more than one
candidate, the name of that member of the Knesset shall be deleted from
the list of sponsors for all candidates he sponsored; Where the number of
sponsors of a candidate decreased below ten because of the deletion of a
name from the list of sponsors, a member of the Knesset who did not
sponsor any proposal may add his name to the list of sponsors of that
candidate, no later than eight days before the day of the election.
b. The Chairman of the Knesset shall notify all the members of the Knesset, in
writing, not later than seven days before the day of the election, of every
candidate proposed and of the names of the members of the Knesset who have
proposed him, and shall announce the candidates at the opening of the meeting
at which the election is held.
b. If the place of the preceding President of the State falls vacant before the
expiration of his period of tenure, the President-Elect shall make his declaration
of allegiance as soon as possible after his election and shall begin to hold office
upon making his declaration of allegiance.
15. Evidence
If the President of the State is required to give evidence, his evidence shall be taken
at such place and time as shall be determined with his sanction.
• Legislative committees
• Head of state removal
20. Removal of President from office
a. The Knesset may, by resolution, remove the President of the State from office if
it finds that he is unworthy of his office owing to conduct unbecoming his status
as President of the State.
b. The Knesset shall not remove the President of the State from office, save
following a complaint brought before the House Committee by at least twenty
members of the Knesset and upon the proposal of the House Committee passed
by a three-quarters majority of the members of the Committee. A resolution by
the Knesset to remove the President from office shall require a three-quarters
majority of the members of the Knesset.
c. The House Committee shall not propose the removal of the President of the
State from office before he has been given an opportunity to refute the
complaint in accordance with procedure prescribed by the Committee with the
approval of the Knesset, and the Knesset shall not resolve to remove the
President of the State from office before he has been given an opportunity to be
heard in accordance with procedure prescribed by the House Committee with
the approval of the Knesset.
d. The President of the State may be represented before the House Committee
and before the Knesset by an authorized representative. A member of the
Knesset shall not act as the representative of the President. The House
Committee and the Knesset may summon the President of the State to be
present at proceedings under this section.
e. Proceedings of the Knesset under this section shall be taken at a meeting, or
successive meetings, assigned solely for that purpose. The proceedings shall
begin not later than twenty days after the resolution of the House Committee.
The time of their beginning shall be notified by the Chairman of the Knesset to
all the members of the Knesset, in writing, at least ten days in advance. If the
beginning of the proceedings does not fall in one of the session terms of the
Knesset, the Chairman of the Knesset shall convene the Knesset for the
proceedings.
3. if the House Committee, by a two-thirds majority of its members, on the
strength of a medical opinion given in accordance with rules prescribed by
the Committee, resolves that for reasons of health the President of the
State is temporarily unable to carry out his functions – from the passing of
the resolution until the expiration of the period fixed by the House
Committee in the resolution or until the House Committee resolves that
the President is no longer unable to carry out his functions.
b. The House Committee shall not, under subsection (a)(2) or (3), fix a period
exceeding three months. It may extend the period, without a break, up to a
maximum of three additional months. Any further extension shall require a
resolution of the Knesset passed by a majority of the members of the Knesset
upon the proposal of the House Committee.
26. Repeal
a. There are hereby repealed -
1. sections 2(c), 6 and 7 of the Transition Law, 5709-1949;
2. the State President (Tenure) Law, 5712-1951;
b. The State President, Government Members and Chief Rabbis of Israel (Fixing of
Salaries) Law, 5711-1950, shall no longer apply to the salary of the President of
the State or to payments due to him or his survivors.
2. State property
Transactions in State property and the acquisition of rights and assumption of
liabilities on behalf of the State shall be effected by a person empowered in that
behalf by or under Law.
1. It was submitted not by the Government;
2. Its implementation involves a Budgetary Cost of 5,991,899 New Israeli
Shekels or more, in any budget year;
3. The Government has not given its consent to the Budgetary Cost;
• "Budgetary Reservation" – means a reservation to a bill, fulfilling all of the
following:
1. Its implementation involves a Budgetary Cost of 5,991,899 New Israeli
Shekels or more, in any budget year;
2. The Government has not given its consent to the Budgetary Cost;
• "Budgetary Cost" – means Expenditure or a commitment for Expenditure
from State Budget, or a Diminution in State Revenues, even if that
Expenditure or Diminution is accompanied by a reduction in Expenditure or
a commitment for Expenditure from State Budget, or by an increase in
State Revenues;
• "Expenditure from State Budget", "Diminution of State Revenues" -
including expenditure from the budget of a Budgeted Body, or a diminution
in the revenues of a Budgeted Body;
• "Budgeted Body" – as defined by Article 21 of the Foundations of the
Budget Act, 5745-1985.
e. The sums specified in the definitions of "Budgetary Bill" and "Budgetary
Reservation" in subsection (d) shall be updated on the 1st of January of every
year, according to the rate of change in the consumer price index published by
the Central Bureau of Statistics.
f. The provisions of this Section shall not apply to a bill regarding the dissolution of
the Knesset and holding elections.
5. Inspection (Amendment 3)
The State economy shall be subject to the inspection of the State Comptroller.
4. Development of Jerusalem
• Legislative committees a. The Government shall provide for the development and prosperity of Jerusalem
and the well-being of its inhabitants by allocating special funds, including a
special annual grant to the Municipality of Jerusalem (Capital City Grant) with
the approval of the Finance Committee of the Knesset.
b. Jerusalem shall be given special priority in the activities of the authorities of the
State so as to further its development in economic and other matters.
c. The Government shall set up a special body or special bodies for the
implementation of this section.
2. any other court (beit din):
3. another authority all as prescribed by Law.
c. No court or court (beit din) shall be established for a particular case.
3. upon his being elected or appointed to one of the positions the holders of
which are debarred from being candidates for the Knesset; or
4. upon a decision of the Judges' Election Committee prepared by the
chairman of the Committee, the Ombudsman of the Israeli Judiciary, or the
President of the Supreme Court and passed by a majority of at least seven
members; or
5. upon a decision of the Court of Discipline.
8. Retired judge
A judge who has retired on pension may be appointed to the position of a judge for
such time, in such manner and on such conditions as may be prescribed by Law.
9. Restriction on re-posting
a. A judge shall not be permanently transferred from the locality where he is
serving to a court in another locality save with the consent of the President of
the Supreme Court or pursuant to a decision of the Court of Discipline.
b. A judge shall not without his consent be appointed to an acting position at a
lower court.
• Eligibility for ordinary court judges 11. Judge not to engage in additional occupation, etc
A judge shall not engage in an additional occupation, and shall not carry out any
public function save under law or with the consent of the President of the Supreme
Court and the Minister of Justice.
19. Retrial
In a criminal matter adjudged finally, a retrial may be held on such grounds and in
such manner as shall be prescribed by Law.
21. Registrar
A court may have a registrar, who may or may not be a judge.
4. the conditions and procedures for terminating the tenure of a judge;
5. the manner of appointing a judge to an acting assignment at another court
and of transferring a judge, temporarily or permanently, from the locality
where he is serving to a court in another locality;
6. proceedings for the suspension of a judge from office, and review of the
suspension;
7. the matters which the courts of the different grades are to hear by a single
judge or by three or more judges;
8. the manner of designating the judge or judges who is or are to hear a
particular matter.
1. Essence
The State Audit shall be implemented by the State Comptroller.
2. State Audit
a. The Comptroller will audit the economy, the property, the finances, the
obligations and the administration of the State, of Government Ministries, of all
enterprises, institutions, or corporations of the State, of Local Authorities, and
of bodies or other institutions which were defined by law as subject to audit by
the State Comptroller.
b. The State Comptroller shall inspect the legality, integrity, managerial norms,
efficiency and economy of the audited bodies, as well as any other matter which
he deems necessary.
5. Additional tasks
The State Comptroller shall undertake additional tasks as provided by law.
8. Qualifications (Amendment 1)
Any Israeli citizen, residing in Israel, shall be eligible to serve as State Comptroller;
any additional qualifications may be determined by law.
• Human dignity
• Motives for writing constitution
1A. Purpose (Amendment 1)
• Official religion
• Type of government envisioned
The purpose of this Basic Law is to protect human dignity and liberty, in order to
establish in a Basic Law the values of the State of Israel as a Jewish and democratic
state.
5. Personal liberty
There shall be no deprivation or restriction of the liberty of a person by
imprisonment, arrest, extradition or otherwise.
11. Application
All governmental authorities are bound to respect the rights under this Basic Law.
1. Basic principles
Fundamental human rights in Israel are founded upon recognition of the value of the
human being, the sanctity of human life, and the principle that all persons are free;
these rights shall be upheld in the spirit of the principles set forth in the Declaration
of the Establishment of the State of Israel.
5. Application
All governmental authorities are bound to respect the freedom of occupation of all
Israel nationals and residents.
9. Repeal
Basic Law: Freedom of Occupation is hereby repealed.
2. Seat of Government
The seat of the Government is Jerusalem.
5. Composition
• Establishment of cabinet/ministers a. The Government is composed of a Prime Minister and other Ministers.
• Name/structure of executive(s)
• Eligibility for head of government b. The Prime Minister shall be a member of the Knesset. A Minister need not be a
member of the Knesset.
• Establishment of cabinet/ministers c. A Minister shall be in charge of a Ministry; there may be Ministers without
Portfolio.
d. One of the Ministers who is a member of Knesset may be designated as Acting
Prime Minister.
• Deputy executive e. A Minister may be Deputy Prime Minister.
9. Re-assignment of task
• Cabinet selection a. Where the periods referred to in section 8 have passed and the Knesset
Member has not notified the President of the State that he has formed a
Government, or where he has notified him before then that he is unable to form
a Government, or where he presented a Government and the Knesset rejected
his request for confidence under section 13(d), the President may assign the
task of forming a Government to another Knesset Member who has notified him
that he is prepared to accept the task, or may inform the Chairman of the
Knesset that he sees no possibility of forming a Government - all within three
days from the end of the period, or from the day of the Knesset member's
statement that he cannot form a government, or from the rejection of
confidence in the Government, as applicable.
b. Before assigning the task of forming a Government under this section, or before
informing the Chairman of the Knesset that he sees no possibility of forming a
Government, the President may again consult with representatives of factions in
the Knesset.
• Cabinet selection c. A Knesset Member to whom the task of forming a Government has been
assigned under this section shall have 28 days in which to do so.
• Dismissal of the legislature 11. Early elections in the event of failure to form a
government
a. Should no request be submitted under section 10(a), or should a Knesset
Member fail to form a Government within the period defined in section 10(c), or
if he should prior to that time inform the President that he cannot form a
Government, the President shall so inform the Knesset Chairman.
b. Should the President so inform the Knesset Chairman, or should a Knesset
Member charged with forming a Government under section 10(a) present a
Government and fail to win the confidence of the Knesset under section 13(d),
then the Knesset shall be deemed to have decided to disperse prior to the
completion of its period of service, and elections for the Knesset will be held on
the last Tuesday before the end of 90 days of the President's announcement, or
of the rejection of the request for confidence in the Government, as relevant.
d. When a Government has been formed, it shall present itself to the Knesset, shall
announce the basic lines of its policy, its composition and the distribution of
functions among the Ministers, and shall ask for an expression of confidence.
The Government is constituted when the Knesset has expressed confidence in
it, and the Ministers shall thereupon assume office.
• Cabinet removal
• Head of government removal
19. Resignation of Prime Minister
The Prime Minister may, after notifying the Government of his intention to do so,
resign by submitting a letter of resignation to the President of the State. The
resignation of the Prime Minister shall be deemed to be the resignation of the
Government.
b. The Prime Minister may, after informing the Government of his intention to do
so, remove a Minister from his post; the removal of Minister will take effect 48
hours after the letter notifying thereof was given to the Minister, unless the
Prime Minister retracts prior to such time.
c. The tenure of a Minister in the Government ceases upon his election or
appointment to one of the function the holders of which are debarred from
being candidates for the Knesset.
2. The Minister who appointed him ceased being a Minister or being in charge
of the same office.
3. The Prime Minister, the Government or the appointing Minister decide to
terminate the service of the Deputy Minister; however, the Prime Minister
will not dismiss a Deputy Minister without first informing both the
Government and the appointing Minister of his intention to do so.
4. A new Government was formed.
5. The Deputy Minister ceased being a Knesset Member.
35. Secrecy
a. The debates and decisions of the Government and those of the Ministerial
committees regarding the following matters are secret and their disclosure and
publication is prohibited:
1. State security;
2. Foreign relations of the State;
3. Matters regarding which the Government deems secrecy to be essential to
the State, and a notification thereof having been declared in an order, for
the purposes of this section;
4. A matter that the Government has decided to keep secret; the disclosure
and publication of such matters is forbidden only to persons who were
aware of the decision.
b. The provisions of subsection (a) shall not apply to matters regarding which the
Government or the Prime Minister, or such persons that the Government or the
Prime Minister have so specifically authorized, have permitted their publication,
or to matters the publication of which is legally mandatory.
37. Regulations
a. The Minister charged with the implementation of a law, is empowered to make
regulations for its implementation.
b. A law may empower the Prime Minister or a Minister to make regulations in a
matter decided by the empowerment.
c. Should the Government ascertain that a state of emergency exists in the State,
and that its urgency necessitates the declaration of a state of emergency even
before it becomes possible to convene the Knesset, it may declare a state of
emergency. The declaration's validity shall expire upon 7 days from its
proclamation, if not previously approved or revoked by the Knesset pursuant to
a decision by a majority of its members; should the Knesset fail to convene, the
Government may make a renewed declaration of a state of emergency as stated
in this subsection.
d. The Knesset and Governmental declarations of a state of emergency will be
published in Reshumot; should publication in Reshumot not be possible, another
appropriate manner of publication will be adopted, provided that notification
thereof be published in Reshumot at the earliest possible date.
e. The Knesset may at all times revoke the declaration of the state of emergency;
notification of its revocation will be published in Reshumot.
Topic index
Immunity of legislators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Judicial independence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Judicial precedence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34