Knesset Holds Greater Legitimacy Than Transitional Government
Translated & summarized from Bizportal by baba
Israel is entering a period of governmental uncertainty following recent elections, with the new Knesset set to convene on November 10. Until then, the previous Knesset remains functional, and the new body must elect a speaker and establish committees. The Knesset retains legislative power, but the outgoing government's authority is significantly curtailed, leading to a situation where the newly elected Knesset possesses greater public legitimacy than the caretaker government.
The story in 5 lines · by baba
- The new Knesset will officially convene on November 10, following the publication of election results on November 4.
- The previous Knesset continues to function under the principle of continuity to address urgent matters.
- The Arrangements Committee will manage Knesset affairs and establish other committees during the transition.
- The Knesset can legislate, including basic laws, even before a new government is formed.
- The newly elected Knesset holds greater legitimacy than the outgoing caretaker government.
Following recent elections, Israel faces a period of uncertainty regarding government formation and immediate governance. Dr. The new Knesset is officially convened on November 10, two weeks after the election results are published on November 4. Until the new Knesset is sworn in, the previous Knesset continues to function under the principle of continuity, enabling it to address urgent security matters if necessary, though convening it is rare.
The immediate task for the new Knesset is electing a speaker. If the outgoing speaker is present, they preside over the opening session; otherwise, the most senior member does. The Supreme Court has ruled that a speaker can be elected earlier if 61 Knesset members request it. In such a scenario, Amir Ohana would swear in the members before a vote on a new speaker.
During this interim period, the Knesset's affairs are managed by the Arrangements Committee, which is established shortly after the Knesset convenes. This committee, proportionally representing all factions, sets up permanent committees and oversees the Knesset's operations. It can also establish temporary committees for foreign affairs and defense, and finance, as well as special committees for specific legislation.
The Knesset retains its legislative power during this transitional phase, including the ability to pass basic laws. While the Supreme Court, under former President Esther Hayut, has previously ruled on such legislation passed quickly before government formation, it has not invalidated laws solely on procedural grounds. However, legislation with immediate effect could be deemed personal and problematic, with a preference for laws addressing fundamental issues and having a delayed effective date.
Only private bills can be advanced without a government, requiring four readings. The Arrangements Committee can form special committees to handle legislation, similar to how the 'Ben-Gvir Law' was processed before the previous government was formed. An unprecedented issue this term is the election of the State Comptroller, with the Supreme Court ordering a new election after a previous one was stalled. The exact procedure for a new Knesset is still under deliberation.
This is because the Knesset has a clear public mandate from the recent elections, unlike the government which may not reflect the current public will. The outgoing government's powers are significantly limited, preventing it from passing laws, regulations, or altering the budget, and its legitimacy for actions like going to war is questionable, depending on public perception.
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