Knesset Can Act on Legislation Before New Government is Formed
Translated & summarized from Maariv by baba
Author Gershon Baskin contends that Israel's Knesset can initiate legislative changes immediately after convening, even before a new government is formed. He argues that a parliamentary majority, including Arab parties, can elect a speaker and advance legislation, such as forming an inquiry committee for the October 7th disaster. This action is legally permissible, as affirmed by a 2020 Supreme Court ruling, and bypasses the need for coalition agreements. Baskin urges opposition leaders to act on the public's electoral mandate without waiting for government formation.
The story in 5 lines · by baba
- Knesset can legislate immediately upon convening, without waiting for government formation.
- A parliamentary majority can elect a speaker and advance legislation before a government is formed.
- Legislation for an October 7th inquiry committee should be an immediate parliamentary priority.
- Opposition parties should cooperate on parliamentary steps, not just coalition talks.
- A 2020 Supreme Court ruling supports the Knesset majority's right to elect a speaker.
Dr. Gershon Baskin argues that Israel's new Knesset can begin legislative changes immediately upon convening, without waiting for a new government to be formed. He asserts that if a parliamentary majority exists for change, action should commence as soon as the new Knesset is sworn in, not after prolonged coalition negotiations.
Baskin points to exit poll results indicating a public desire to end Benjamin Netanyahu's tenure. However, he notes that this majority includes Arab parties, which some Jewish opposition parties still boycott. This boycott, he warns, could inadvertently provide Netanyahu with a political lifeline despite the public's apparent rejection.
Constitutionally, Baskin explains, the Knesset can convene, swear in members, elect a new speaker, and start legislating before a government is established. While the outgoing government remains in a caretaker capacity, it cannot veto Knesset actions. He suggests that leaders like Gadi Eisenkot, Naftali Bennett, Yair Lapid, Avigdor Lieberman, Yair Golan, and the Arab parties, if they can form a parliamentary majority, can elect a speaker and advance legislation.
This parliamentary cooperation, Baskin stresses, does not require coalition agreements or Arab parties joining the government. It only necessitates agreement on a series of joint parliamentary steps. The first step should be advancing legislation for an independent state commission of inquiry into the October 7th disaster. Concurrently, the new Knesset could begin repealing laws perceived as weakening the judiciary and governmental oversight mechanisms, provided legislative procedures and required majorities are met.
Baskin cites a 2020 Supreme Court ruling in the Yuli Edelstein case, which affirmed the Knesset majority's right to elect a new speaker even before a government is formed. He concludes that the current obstacle is political, not legal, questioning whether opposition leaders can distinguish between forming a coalition and engaging in parliamentary cooperation. He urges them to act on the public's mandate to begin repairing damage to state institutions without delay.
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