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STUDY GUIDES: Israeli Law Israeli Military Orders International Law International Court of Justice Advisory Opinion on Wall

Background
Principles

DETAILS AND QUOTES ILLUSTRATING HOW ISRAELI LAWS LEGALIZE DISCRIMINATION, OPPRESSION AND EXPLOITATION:

  • I. LAWS COMPROMISING DEMOCRACY - Israel compromises the democratic nature of its government ...
    • 1. Lopsided Government - Legislature-dominated government.
Point to be
Examined
      • D. The Israeli executive branch is not independent of the Knesset - the Knesset elects the President of the State who then chooses the Prime Minister and OK's the PM's choice of Ministers which make up his cabinet --
Details
Requested
        • 1) The President of the State is elected by the Knesset ("Basic Law: The President of the State", Section 3 (1964))
           
          BASIC LAW: THE PRESIDENT OF THE STATE
          (passed by the Knesset on the 6th Tamuz, 5724 (16th June 1964))
          Election and
          period of
          tenure.
          3. The President of the State shall be elected by the Knesset for five years.
        • 2) Then the President of the State chooses the Prime Minister who then forms the government ("Basic Law: The Government" (1968), Sections 7a, 13 & 14).
           
          BASIC LAW: THE GOVERNMENT
          (passed by the Knesset on the 12th Adar, 5761 (7th March, 2001))
          Assignment of
          task of forming
          Government.
          7.
          • (a) When a new Government has to be constituted, the President of the State shall, after consultation with representatives of party groups in the Knesset, assign the task of forming a Government to a Knesset Member who has notified him that he is prepared to accept the task; the President shall do so within seven days of the publication of the election results, or should the need arise to form a new government; and in the case of the death of the Prime Minister, within 14 days of his death.
          Formation of
          Government.
          13.
          • (a) Where the President of the State has assigned to a Knesset Member the task of forming a Government, he shall notify the Speaker of the Knesset to such effect, and the Speaker of the Knesset shall notify the Knesset.
          • (b) Where the Knesset Member has formed a Government, he shall notify the President of the State and the Speaker of the Knesset to such effect, and the Speaker of the Knesset shall notify the Knesset and set a date for the presentation of the Government to the Knesset within seven days of such notification.
          • (c) The Knesset Member who has formed a Government shall head it.
          • (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.
          Declaration of
          allegience.
          14. As soon as, or as soon as possible after, the Knesset has expressed confidence in the Government, the Prime Minister shall make before the Knesset the following declaration of allegiance:
          "I (name) as Prime Minister undertake to uphold the State of Israel and its laws, to faithfully fulfil my role as the Prime Minister and to comply with the decisions of the Knesset."
        • 3) The Prime Minister must be a member of the Knesset ("Basic Law: The Government", Section 5b(1968))
           
          BASIC LAW: THE GOVERNMENT
          (passed by the Knesset on the 12th Adar, 5761 (7th March, 2001))
          Composition. 5.
          • (a) The Government is composed of a Prime Minister and other Ministers.
          • (b) The Prime Minister shall be a member of the Knesset. A Minister need not be a member of the Knesset.
        • 4) The government holds office by virtue of the Knesset ("Basic Law: The Government", Section 3), and the government is collectively responsible to the Knesset ("Basic Law: The Government", section 4).
           
          BASIC LAW: THE GOVERNMENT
          (passed by the Knesset on the 12th Adar, 5761 (7th March, 2001))
          Confidence of
          the Knesset.
          3. The Government holds office by virtue of the confidence of the Knesset.
          Responsibility. 4. The Government is collectively responsible to the Knesset; each Minister is responsible to the Prime Minister for the field of responsibility with which the Minister has been charged.


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(C) Israel Law Resource Center, February, 2007.

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