Study Finds Israeli Knesset Powers Eroded by Legal Bureaucracy and Procedures

A comprehensive study by the Yakhin Center for National Strategic Studies reveals a continuous erosion of the Israeli Knesset's legislative powers in favor of its Legal Bureau. The research, authored by Chaim Giladi under Noga Arbel's direction, argues that the Knesset's Legal Advisor has exceeded the original advisory role to become a political veto player with decisive influence over legislation. This shift has expanded the power of unelected legal and bureaucratic institutions, weakening the Knesset's status as the sovereign authority and diminishing elected officials' ability to fulfill voters' mandates.

The study highlights the transfer of authority to the bureaucracy through procedures, customs, and the "Sanhedrin" computer system. Originally a temporary solution for procedural gaps, these customs now include unwritten and unapproved practices that effectively override the Knesset's formal rules. The interpretation and memory of these customs by legal advisors and officials have become binding norms for lawmakers. Additionally, the study criticizes the Knesset's procedural regulations as lengthy and vague, creating opaque bureaucracy that increases lawmakers' dependence on legal advisors and officials to advance legislation, thereby eroding their direct responsibility.

The research also points to technological barriers within the "Sanhedrin" system, which restricts members of Knesset from independently advancing or amending bills at stages where they should have direct control. Technical permissions to move legislation forward have been transferred to the Legal Bureau, further deepening lawmakers' reliance on unelected professionals.

Historically and legally, the report emphasizes that in a democracy, sovereignty belongs to the people, who delegate authority to their elected representatives. The authors found no legal or historical basis for legal advisors or courts to limit the Knesset's working order or authority. They warn that granting unelected bodies power over parliamentary work risks undermining democratic choice.

To restore legislative authority, the study recommends clarifying in the Knesset's rules or law that legal advice is non-binding, requiring all legal recommendations to cite approved written sources. It also suggests revising "Sanhedrin" access rights to return legislative control to members, validating customs only if explicitly adopted and documented by the Knesset committee, abolishing binding oral procedures, and conducting training and publishing summaries on parliamentary powers for members and aides.