Showing posts with label President. Show all posts
Showing posts with label President. Show all posts

Sunday, January 20, 2013

Al Jazeera Explains How Israel's Elections Work

Here's a primer on Israel's electoral system from Al Jazeera of all places.

When voters go to the polls on January 22, few are expecting major changes. Binyamin Netanyahu, leading the right-wing Likud-Yisrael Beiteinu list, is almost certain to retain the post of prime minister in the 19th Knesset.

Netanyahu's would-be coalition partners, however, could play a role in changing government policy towards the prospects for peace with the Palestinians, domestic economic management and broader trends in international affairs, including how Israel deals with Iran's nuclear programme. Political analysts are split on whom Netanyahu would ask to join a coalition.
Security issues are high on this election's agenda, and social inequality has been emphasised by a number of the parties. The Israeli-Palestinian conflict has not played as prominent a role in this year's campaigns as it has in previous election cycles.
How is the government elected?
Based on a system of proportional representation, where voters select a party instead of a specific individual, Israeli elections have always resulted in coalition governments. To win an outright majority, a party would need to win more than 60 seats in the 120-member Knesset.
The minimum required for a party to win a Knesset seat is two percent of the total votes cast.
The prime minister is normally - but not always - the leader of the party that wins the most seats. He or she then negotiates with other parties to form a governing coalition.
In the 2009 election, although the incumbent prime minister's party, Kadima, won the most seats in the parliament, the Likud leader Binyamin Netanyahu was able to form a majority coalition government and become the new prime minister.
Why were elections called?
Netanyahu called for early elections in October 2012, saying he wouldn't be able to pass a "responsible" budget with his current coalition partners. He was pushing for deeper cuts to public spending.
If he hadn't called an early vote, the election would have happened in October 2013 - after the completion of the Netanyahu government's four-year term. In the past two decades, it has been rare for an Israeli government to finish a full term.
Who can vote?
Israeli citizens of all ethnic and religious groups above the age of 18 are entitled to vote. This includes Arab citizens of Israel, who generally vote in lower numbers than Jewish Israelis.
5,656,705 eligible voters can cast ballots at 10,128 polling stations, including 190 in hospitals and 57 in prisons. There are also 96 voting places at Israeli diplomatic missions abroad.
What are the election logistics?
There are 34 party lists competing for seats, reflecting a wide range of outlooks and beliefs. Prior to the elections, each party presents its platform and the list of candidates for the Knesset in order of precedence.
The Central Elections Committee, headed by a justice of the Supreme Court and including representatives of the parties holding seats in the Knesset, is responsible for conducting and supervising the elections.
Polls will open at 7:00am (0500GMT) and close at 10:00pm (2000GMT) on January 22. Election Day is a public holiday.
Who is in the current government?
Likud-Beiteinu, the governing electoral alliance led by Netanyahu, currently holds a combined 42 seats in the Knesset. 
Likud ["The Consolidation"] first came to power in 1977 under the leadership of Menachem Begin, a former head of the Irgun armed paramilitary group. Yisrael Beiteinu ["Israel Our Home"], founded by Avigdor Lieberman in 1999, has policies further to the right of Likud and is seen by many as extremist.
Kadima ["Forward"], the party founded by former Prime Minister Ariel Sharon in 2005, holds 28 seats. It is led by Shaul Mofaz, who is seen as a centist. The party promotes a two-state solution with the Palestinians. It is not polling well in the upcoming election and may struggle to win a single seat.
Labour, led by Shelly Yachimovich, holds just eight seats, and is trying to focus its campaign on economic issues, rather than on security. 
HaBayit HaYehudi ["The Jewish Home"] is set to make some of the biggest gains in this election. Currently it only holds three seats but the right-wing, religious party led by Naftali Bennett, a former special forces commander, has gained popularity.
In its first election, HaTnuah ["The Movement"] led by former foreign minister Tzipi Livni, says it supports a return to negotiations with the Palestinians and claims to be an alternative to Likud. It is expected to win about seven seats.
Led by TV host Yair Lapid, Yesh Atid ["There is a future"] is a new party that portrays itself as an alternative to the established groups. It is set to win more than six seats, according to polls.
Shas, a religious party comprised of Jews originally hailing from North African and Middle Eastern countries, currently holds 11 seats.
What are some other parties?
Yahadut HaTorah ["United Torah Judaism"], another religious party, caters primarily to Ashkenazi Haredi groups and holds five seats.
Meretz ["Energy"], a secular party newly led by Zahava Gal-On, is seen as pro-environment and left-leaning, and holds three seats.
Ra'am-Ta'al [an acronym for "The Arab Movement for Renewal"], an alliance primarily supported by Arab-Israelis, holds four seats.
Hadash [an acronym for "The Democratic Front for Peace and Equality"], a leftist party led by Mohammed Barakeh with support from Arabs and Jews, also holds four seats.
Balad [an acronym for "National Democratic Assembly"], a secular Arab nationalist party led by Jamal Zahalka, holds three seats.
The task of forming a government and heading it as prime minister is assigned by President Shimon Peres to the Knesset member considered to have the best chance of forming a viable coalition government in light of the results.
Parties remaining outside the government comprise the opposition. The Knesset member to whom the task is assigned has a period of 28 days to form a government. The president may extend this term by up to 14 days.

Wednesday, November 16, 2011

Asher Grunis to be the Next President of the Supreme Court


Justice Grunis

The Knesset is on its way to passing a law- The Grunis Law- that will change the status quo at the Supreme Court of Israel. The current practice is that when the President of the Court retires at age 70, the next most senior Justice (based on age) becomes the new President, although I don't think that is codified in the law. (See here.) The Courts Law- 1984 provides that the President of the Supreme Court shall be appointed in accordance with Section 4(a) of the Basic Law: The Judiciary which states in turn that "A judge shall be appointed by the President of the State upon election by a Judges' Election Committee." Section 8(c) of the Courts Law states that "a judge may not be appointed to the position of President or Vice President of the Court if he/she cannot serve in this position for at least three years until mandatory retirement under section 13(a)(1)" which mandates that a judge retire at age 70.

The current President, Dorit Beinish, is set to retire in a few months. Justice Grunis, who would replace her, would only serve as President for 2 years and 10 months before turning 70, seemingly disqualifying him from the position. The Knesset's new law would waive the 3 year requirement and apparently not replace with any time requirement at all. According to the JPost the new law would apparently have a two year minimum service requirement, but I didn't see that on the Knesset website. What I read seemed to say that the nomination of a suitable President will be left to the discretion of the Committee.

While the sponsor of the bill Yaakov Katz said that his motivation is to ensure that the country doesn't lose out on a competent President like Justice Grunis because he is 41 days too old, it seems to be an open secret that the cancellation of the law is a political maneuver by Knesset members who approve of Justice Grunis' opposition to judicial activism and reticence to annul laws passed by the Knesset.

I actually worked for Justice Grunis at the Supreme Court last year when I was a foreign law clerk. See my previous post here. I liked him a lot and hope he does become the next President of the Court.

Relatedly, another law is under consideration that will change the makeup of the Election Committee which currently consists of 9 members. Section 4(b) of the Basic Law: The Judiciary currently states that "The Committee shall consist of nine members, namely, the President of the Supreme Court, two other judges of the Supreme Court elected by the body of judges thereof, the Minister of Justice and another Minister designated by the Government, two members of the Knesset elected by the Knesset and two representatives of the Bar Association elected by the National Council of the Chamber. The Minister of Justice shall be the chairman of the Committee." The new law will change the method for appointing the members of the Bar Association. The Chairman of the Bar Association will be one member and another member from the political opposition will be the other. See here.

I admit I don't understand how that will work. It assumes that the Chairman of the Bar Association belongs to a political party. What if he doesn't? Is that possible? Does it seem strange to you that the members of the Bar Association are openly political?

Monday, September 26, 2011

Prime Minister Reports on President's Travels

Today's post is just a little quirky piece of Israeli law.

I recently saw a public notice in Reshumot, the official gazette for the publication of records and laws in Israel, that made me do a double take. It is a notice "signed" by the Prime Minister, Binyamin Netanyahu, notifying the public that the President, Shimon Peres, left the country for 3 days. That's all it says.
Apparently, according to the Basic Law: The President, the Prime Minister must notify us of the President's travels outside the country:
24.(b) The Prime Minister shall publish a notice in Reshumot as to the President's leaving the territory of the State and as to his return.
This is the notice in Hebrew:

הודעה על יציאת נשיא המדינה את גבולות המדינה ועל שובו
לפי חוק–יסוד: נשיא המדינה

בהתאם לסעיף 24(ב) לחוק–יסוד: נשיא המדינה , אני מודיע על יציאת נשיא המדינה את גבולות המדינה ביום ב' באלול התשע"א (1 בספטמבר 2011) ועל שובו ביום ה' באלול התשע"א (4 בספטמבר 2011).
י"ב באלול התשע"א (11 בספטמבר 2011) (חמ 3—1300)

בנימין נתניהו
ראש הממשלה

Now this notice was published on September 26, 2011 even though the President had already returned by September 4th. I guess we just need to be apprised of the President's travels but not for the purposes of knowing his itinerary.

I checked the President's website but didn't see any press release for those dates, so maybe it was a pleasure trip. If you live in another country and met with the President between September 1st and 4th, please let me know.




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