ISRAEL – BASIC LAW – THE GOVERNMENT
{ Adopted on: 14 April
1992 }
{ ICL Document Status: 14 April
1992 }
Section 1 Nature
The Government is the executive authority of the State.
Section 2 Seat of power
The seat of the Government is Jerusalem.
Section 3 Source of
authority and composition
(a) The Government is comprised of the Prime Minister and Ministers.
(b) The Prime Minister serves by virtue of his being elected in the national
general elections, to be conducted on a direct, equal, and secret basis in
compliance with The Election Law (The Knesset and The Prime Minister).
(c) The Ministers will be appointed by the Prime Minister; their appointment
requires the approval of the Knesset.
(d) Should the Knesset reject the Prime Minister's proposal regarding the
composition of the Government, it will be regarded as an expression of no
confidence in the Prime Minister, and the provisions of Section 19 (b) will apply.
Section 4 Election date
Whenever elections are being conducted for the Knesset, the same date will
also be determined for the elections for the Prime Minister, excepting when
new elections are held pursuant to an election appeal.
Section 5 Special
elections
In the cases specified in this Basic Law separate elections will be held for
the election of the Prime Minister (hereinafter - special elections).
Section 6 The right to
vote
Persons entitled to vote in the elections to the Knesset shall be entitled to
vote in the elections for the Prime Minister.
Section 7 Period of
service
The period of service of the Prime Minister and the Ministers shall be equal
to the period of service of the Knesset to which they were elected; in
special elections for the period of service of the Knesset serving at that
time, unless specified differently in this Basic Law.
Section 8 Eligibility
of Prime Ministerial candidates
(a) Persons fulfilling the following conditions are eligible candidates for
the Prime Ministership:
(1) Eligible for candidacy to the Knesset and at least thirty years old on
the day of submission of candidacy.
(2) Should the elections for the Prime Minister be conducted at the same time
as the Knesset elections - the candidate for Prime Minister will head the
list of candidates for the Knesset.
(3) Should special elections be held - he will be a member of Knesset.
Section 9 The right to
propose a candidate
(a) The following bodies may propose Prime Ministerial candidates:
(1) A faction of the outgoing Knesset, with no less than ten members, having
submitted a list of candidates to the Knesset.
(2) A few factions of the outgoing Knesset, with not less than ten members,
having submitted a list of candidates or lists of candidates to the Knesset.
(3) Fifty thousand enfranchised persons.
(b) In special elections, a candidate may be proposed by a faction or
factions of the Knesset, the total number of members
of the faction or factions not being less than ten members or fifty thousand
enfranchised persons.
Section 10 Election
date for special elections
(a) Should this Basic Law give cause for the conducting of special elections,
the said elections will be conducted on the last Tuesday preceding the
passage of sixty days from the day that the cause for the elections was
created.
(b) Should this Basic Law give cause for the conducting of special elections
and the date thereof is one year or less prior to the conducting of Knesset
elections according to Section 9 of The Basic Law: The Knesset, the Knesset
elections will be brought forward, and the Knesset elections and the Prime
Ministerial elections will be conducted on the date initially determined for
the special elections.
Section 11 Postponement
of elections due to day of rest
Should the date of the Knesset elections or the date of the Prime Ministerial
elections according to this Basic Law, fall on a day of rest, the eve of a
day of rest or the day after a day of rest, the elections will then be held
on the first subsequent Tuesday that is not a day of rest, the eve of a day
of rest or the day after a day of rest.
Section 12 Death of
candidate or cessation of candidacy
(a) In the event of a candidate's death or if reasons of health prevent him
from being a candidate, after the final date specified by law for the submission
of candidacy, the elections for the Knesset and the Prime Minister or the
special elections will accordingly be postponed accordingly.
(b) {...}
Section 13 {...}
Section 14 Beginning of
service
(a) Within 45 days of the publication of the election results the Prime
Minister elect will appear before the Knesset, present the Ministers of the
Government, announce the division of tasks and the guiding principles of the
Government's policies, and the Prime Minister and the Ministers will begin
their service, provided that the provisions of Section 33 (a) and (b) have been complied with. As
soon as possible after that the Prime Minister and the Ministers will make
their declarations of allegiance before the Knesset in the version specified
in Subsection (c).
(b) The Prime Minister elect will give the Speaker of the Knesset preliminary
notice of his intention to appear before the Knesset not later than seven
days before the termination of the period specified in Subsection (a); should
the notification be not be given during one of the Knesset sessions, the
Knesset Speaker will convene the Knesset for that purpose.
(c) This is the text of the declaration of allegiance of the Prime Minister:
"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."
This is the text of the declaration of allegiance of the Ministers:
"I (name) as a member of the Government, undertake to uphold the
State of Israel and its laws, to faithfully fulfil
my role as a member of the Government, and to comply with the decisions of
the Knesset."
Section 15 Failure to
present Government
(a) Should the Government not be presented in accordance with the provisions
of Section 14, special elections will be held.
(b) Should the Prime Minister elect fail to present the Government as stated,
and is again elected Prime Minister and again fails to present a Government,
he may not submit his
candidacy in the subsequent special elections.
Section 16 Eligibility
of Ministers
(a) A person ineligible for candidacy to the Knesset may not be appointed as
a Minister; however, a person having served in a position or role as
specified in Section 7 of The Basic Law: The Knesset, may be appointed
as Ministers, provided that he cease functioning in the said position or role
prior to his appointment.
(b) A person convicted of an offence involving moral turpitude, prior to the
passage of ten years from the day he completed his period of punishment, may
not be appointed as a Minister.
(c) A Knesset member seceding from his faction and failing to tender his
resignation as a Knesset member may not be appointed as a Minister during the
period of service of that Knesset.
Section 17 Publication
of agreements
(a) Should a written agreement be drawn up pertaining to the election of the
Prime Minister or the establishment of the Government, or relating an
expression of no confidence therein, or pertaining to the adding of Ministers
to the Government after its establishment, or pertaining to the appointment
of a Deputy Minister, the sides to the agreement shall then submit its
complete text to the Secretary of the Knesset within three days of signing,
and not later than 48 hours before the election day or 24 hours before the
presentation of the Government or the no confidence vote, respectively; in
the figuring of days and hours, legally endorsed days of rest or religious
holidays shall not be included; should an agreement be drawn up by a list of
candidates to the Knesset, the sides will immediately submit a copy thereof
to the Secretary of the Knesset.
(b) The Secretary of the Knesset will immediately notify the Knesset of any
agreement submitted to him according to this section, and during an Knesset
election period he shall also bring them to the attention of the
representatives of the candidates, lists.
(c) After the time period specified in Subsection (a) no agreement pertaining
to any of the stated issues shall signed unless a new period has been specified
for the same issue allowing publication of the agreement as specified in this
section.
Section 18 Restrictions
of the agreement
(a) Where the Law confers authority to remove persons from any position in
the Knesset, the Government, the civil service, a statutory company, a
Government company or any other public body, no agreement shall be made nor
shall any commitment be given regarding the permanence of that person in his
role.
(b) No guarantee shall be granted either directly or indirectly in money, its
equivalent, via services or any other kind of benefit, for the ensurance of the performance of an agreement or
commitment as specified in this section, and such guarantees will not be
valid.
Section 19 Expression
of no confidence
(a) The Knesset may by means of a majority of its members adopt an expression
of no confidence in the Prime Minister.
(b) An expression of no confidence in the Prime Minister will be deemed to be
a Knesset decision to disperse prior to the completion of its period of
service.
Section 20 Dispersion
due to failure to adopt budget
Non-adoption of the Budget Law within three months subsequent to
the beginning of the fiscal year will be considered to be a Knesset decision
on its dispersion, prior to the completion of its term of service.
Section 21 Early
elections
(a) Should the Knesset express no confidence in the Prime Minister, or fail
to adopt the Budget Law under the provisions of Section 20, elections to the Knesset and to the
position of Prime Minister will be conducted on the last Tuesday before the
passage of 60 days after the expression of no confidence, or upon the
completion of the period as stated in Section 20.
(b) Sections 34 and 35 of the Basic Law: The Knesset, will not
apply to the dispersion of the Knesset in accordance with Sections 19 and 20.
(c) The Speaker of the Knesset will give notice in Reshumot
of an expression of no confidence or of failure to adopt the Budgetary Law.
Section 22 Dispersion
of the Knesset by the Prime Minister
(a) Should the Prime Minister ascertain that a majority of the Knesset
opposes the Government, and that the effective functioning of the Government
is prevented as a result, he may, with the approval of the President of the
State, disperse the Knesset by way of an order to be published in Reshumot; a decision to disperse the Knesset will be
regarded as a decision of the Knesset to disperse prior to the completion of
its term of service, and new elections for the Knesset and the Prime
Minister, will be conducted on the last Tuesday before the passage of 60 days
from the day of the dispersion of the Knesset.
(b) The Prime Minister may not exercise his authority according to this
section:
(1) from the beginning of the period of service of the incoming Knesset and
until the establishment of the new Government;
(2) from the day on which the Knesset committee of the Knesset decided to
recommend that he be removed from service and until the day the Knesset
plenum renders its decision in the matter in accordance with the provisions
of Sections 26 and 27.
Section 23 Resignation
of Prime Minister
(a) The Prime Minister may, after notifying the Government of his decision to
do so, resign by way of submitting his written resignation to the President
of the State; the resignation will go into force 48 hours after the letter of
resignation is submitted to the President, unless the Prime Minister retracts
prior to such time.
(b) A Prime Minister who has resigned will give notice thereof to the Speaker
of the Knesset, and the Speaker of the Knesset will then give notice to the
Knesset.
(c) Should the Prime Minister resign, special elections will be conducted.
Section 24 Prime
Minister ceasing to function as member of Knesset
Should the Prime Minister cease to function as a member of the Knesset, he
will be deemed to have resigned.
Section 25
Interrogation and impeachment of the Prime Minister
(a) Criminal proceedings shall not be commenced against the Prime Minister
save with the agreement of the Attorney General, and the Prime Minister may
only be impeached by the Attorney General.
(b) An indictment against the Prime Minister will be filed and presided over
in the Jerusalem District Court, in a presidium of three judges.
(c) Should the Court convict the Prime Minister of an offence, it will state
in its decision whether the offence involved moral turpitude.
Section 26 Removal from
office pursuant to an offence
(a) Should the Prime Minister be convicted of an offence involving moral
turpitude, the Knesset may remove him from office, pursuant to a decision of
a majority of the Knesset members.
(b) Within 30 days of the verdict becoming final, the Knesset Committee of
the Knesset will render its decision regarding its recommendation pertaining
to the removal of the Prime
Minister from office; a committee decision to remove the Prime Minister from
office shall be a majority decision of its members; should the committee
recommend that the Prime Minister be removed from his office, its decision
will be brought before the Knesset plenum; should the committee fail to bring
its recommendation to the plenum during the prescribed period, the Speaker
will raise the issue in the Knesset plenum at the earliest date possible.
(c) No decision shall be made by either the Knesset or the Knesset Committee
regarding the removal of the Prime Minister from office, before the Prime
Minister has been given an opportunity to state his case before them.
(d) Should the Knesset decide to remove the Prime Minister from office,
special elections will be conducted.
(e) The provisions of Sections 42a and 42b of the Basic Law: The Knesset, shall not
apply to the Prime Minister.
Section 27 Removal from
office not pursuant to an offence
(a) The Knesset may, pursuant to a vote of 80 of its members, remove the
Prime Minister from office.
(b) A motion to remove the Prime Minister from office will be submitted by at
least 40 Knesset members to the Speaker of the Knesset, and the Speaker will
submit it for debate in the Knesset Committee of the Knesset.
(c) The Knesset Committee will decide regarding the motion and present its
recommendation to the Knesset plenum within 30 days of the motion being
submitted to it; should the Committee fail to present its recommendation in
the specified period, the Speaker of the Knesset will bring the matter to
debate in the Knesset plenum at the earliest possible date.
(d) Neither the Knesset Committee nor the Knesset itself may decide to remove
the Prime Minister unless the Prime Minister has been first given an
opportunity to state his case before them.
(e) Should the Knesset decide to remove the Prime Minister from his office,
special elections will be conducted.
Section 28 Death of the
Prime Minister
Should the Prime Minister die or be permanently incapacitated, special
elections will be held.
Section 29 Acting Prime
Minister
(a) Should the Prime Minister die, be permanently incapacitated, or be
removed from office, the Government will empower one of the Ministers who is
also a Knesset member, to serve as acting Prime Minister until the new Prime
Minister takes office.
(b) The acting Prime Minister will have all the powers of the Prime Minister,
except for the power to disperse the Knesset.
Section 30 Inability to
function
(a) Should the Prime Minister be absent from the country, meetings of the
Government will be convened and conducted by the Minister delegated by the
Prime Minister.
(b) Should the Prime Minister be temporarily unable to discharge his duties
for a period not exceeding 100 consecutive days, his place will be filled by
a Minister who is also a Knesset member and appointed by the Prime Minister;
failing the appointment of a Deputy, or should the appointed person not be
able to perform his duties, a Minister who is a Knesset member shall be
appointed by the Government as acting Prime Minister until either the Prime
Minister or permanent acting Prime Minister resumes his functions.
(c) The provisions of Subsection (a) shall apply to the acting Prime Minister
during the period in which he acts in that capacity.
(d) After the passage of one hundred days upon which the Prime Minister does
not resume his duties, the Prime Minister will be deemed to have permanently
ceased to discharge his duties and the provisions of Sections 28 and 29 shall apply.
Section 31 Continued
functioning of the Prime Minister and Ministers
(a) A Prime Minister who has resigned or in whom the Knesset expressed no
confidence, will continue in office until the newly elected Prime Minister
assumes office.
(b) In the event of the Prime Minister's death, permanent incapacitation,
resignation, removal from office, or an expression of no confidence by the
Knesset, the Ministers will continue in office until the newly elected Prime
Minister assumes office.
Section 32 Continuity
of Government
During the election period for the Knesset and the Prime Minister or during
special elections, the Prime Minister and the Ministers of the outgoing
Knesset will continue in office until the Prime Minister and the Ministers of
the new Government assume office.
Section 33 The
Ministers
(a) The Government shall not exceed eighteen members in number and not be
less than eight.
(b) At least one half of the Ministers shall be Knesset members.
(c) A Minister shall be appointed over an office, but a Minister may be a
Minister without portfolio.
(d) The Prime Minister may also function as a Minister appointed over an
office.
(e) Subject to the provisions of Subsections (a) and (b), the Prime Minister
may add extra Ministers to the Government after its establishment; the
commencement of service of a Minister so added to the Government shall be
with the submission of notice from the Prime Minister to the Knesset
regarding his appointment; immediately afterwards, the new Minister will
submit his declaration of allegiance in accordance with the version
prescribed in Section 14 (c).
Section 34 The required
minimum of Ministers
(a) In a Government in which the number of Ministers including the Prime
Minister does not exceed eight, no Minister may be removed from his post.
(b) Should the number of Ministers in the Government including the Prime
Minister be less than eight, the Prime Minister will appoint a Minister or
Ministers to complement the required minimum; the appointment shall be made
within 72 hours and until such time he may not remove any Minister from his
post; if the required minimum is not complemented in accordance with these
provisions, special elections will be conducted.
Section 35 Termination
of service of a Minister
(a) A Minister may resign from the Government by submitting a letter of
resignation to the Prime Minister. His service in the Government will be
terminated upon the passage of 48 hours from the time the letter of
resignation reached the Prime Minister, unless he retracts prior to such
time.
(b) The Prime Minister may, by way of written notification, remove a Minister
from his post; the removal of Minister will take effect 48 hours after the
letter notifying thereof was given to the Minister, unless the Prime Minister
retracts prior to such time.
(c) The Knesset may remove a Minister from his post, by way of a decision of
a majority of seventy of its members; the Knesset will not debate the removal
of a Minister from his post unless the initial recommendation of a majority
of the Knesset committee members is received and after the Minister has been
provided with an opportunity to state his case before the Knesset Committee
and before the Knesset plenum.
(d) The Prime Minister will give notice of the termination of the service of
a Minister to both the Government and to the Knesset, at a meeting or in
another manner.
Section 36 Acting
Minister
Should the Minister cease to serve, be absent from the country, or be
temporarily incapable of discharging his duties, the Prime Minister or
another Minister appointed by the Prime Minister will discharge his duties
until the Minister resumes his regular duties or until the appointment of his
replacement; the Prime Minister will give notification to the Government and
to the Speaker of the Knesset regarding the appointed acting Minister, and
the Speaker of the Knesset will give notice to the Knesset.
Section 37 Deputy
Ministers
(a) The Minister in charge of an office, may, with the approval of the Prime
Minister, appoint a Deputy Minister for the office, the Deputy having been
appointed from amongst the Knesset members; the Prime Minister too may
appoint a Deputy in the stated manner; a Deputy Minister shall assume his
role after notice of his appointment has been given by the Government to the
Knesset; a Deputy Minister appointed by the Prime Minister shall be entitled
"a Deputy Minister in the Prime Minister's office"; the number of
Deputy Ministers shall not exceed six.
(b) The Deputy Minister shall act both in the Knesset and in office, on
behalf of the Knesset member who appointed him and within the parameters
allocated to him.
(c) A Knesset member seceding from his faction without resigning from his
position subsequent to his secession, may not be appointed to the position of
Deputy Minister during the period of service of the same Knesset.
Section 38 Termination
of service of Knesset member
The service of a Deputy Minister will be terminated in any of the following
cases:
(1) The Deputy Minister resigned by submitting a letter of resignation to the
member of Government who appointed him;
(2) The same Minister ceased being a Minister or being in charge of the same
office; or in the case of the Prime Minister ceasing to serve if the Deputy
was a Deputy Minister in the Prime Minister's office;
(3) The Prime Minister or the appointing Minister decide to terminate the
service of the Deputy Minister;
(4) The Deputy Minister ceased being a Knesset member.
Section 39 Prime
Minister and functioning of Government
(a) The Prime Minister may:
(1) Determine the roles of the Ministers;
(2) Change the division of roles amongst the Ministers;
(3) Transfer authorities and duties not specified in the Law from one
Minister to another;
(4) Transfer areas of actions from one office to another;
(5) Establish the Government offices, unite or divide them, abolish them or
establish new offices, and having done so give notice thereof to the Knesset;
(6) Establish permanent or temporary Ministerial committees for particular
matters; after the appointment of a committee the Government may conduct its
operations through it;
(b) Authority granted by law to a particular Minister may be transferred by
the Prime Minister either totally or partially to another Minister; a
decision according to this section must be approved by the Government;
(c) The Prime Minister will conduct the functioning of the Government and
will set work procedures and voting procedures in the Government and its
committees;
(d) Government decisions will be adopted by a majority vote; should the vote
be drawn, the Prime Minister will have an additional vote.
Section 40 Government powers
The Government is authorized to perform in the name of the State and subject
to any law, all actions which are not legally incumbent on another authority.
Section 41 Delegation
of powers
(a) with the exception of powers granted in accordance with this Basic Law,
powers granted by law to the Government may be delegated to one of the
Ministers.
(b) Powers granted to a Minister by law, transferred to him under the
provisions of Section 39 (b), with the exclusion of the authority to
make regulations, may be delegated by the Minister either totally or
partially or subject to conditions to a civil servant.
(c) Powers delegated by the Government to a Minister, with the exception of
the power to make regulations, may be delegated by the Minister either
totally or partially or subject to conditions to a civil servant provided
that the Government empowered him to do so.
(d) For the purposes of this section and Section 39 (b) -
(1) The power granted to the Government or a Minister also refers to duties
incumbent upon them;
(2) A Minister - includes the Prime Minister.
(e) The provisions of this section will apply provided no other intention is
evidenced by the law conferring the power or imposing the obligation.
Section 42 Assumption
of powers
A Minister, including the Prime Minister, charged the implementation of the
law, may assume any power, with the exception of powers of a judicial nature,
granted by law to a civil servant, provided that no other intention is
evidenced by the law; the Minister may do the above for a particular matter
or for a specific period.
Section 43 Exclusivity
of office
The Prime Minister, Ministers and Deputy Ministers will discharge their roles
in good faith, and will not engage in economic or public activities save
within the parameters and in compliance with the principles stipulated by the
Government.
Section 44 Secrecy
(a) The debates and decisions of the Government and those of the Ministerial
committees regarding the following matters are secret and their disclosure
and publication is prohibited; and these are the matters:
(1) State security;
(2) Foreign relations of the State;
(3) Matters regarding which the Government deems secrecy to be essential to
the State, a notification thereof having been declared in an order, for the
purposes of this law;
(4) A matter that the Government has decided to keep secret; the disclosure
and publication of such matters is forbidden only to persons who were aware
of the decision.
(b) The provisions of Subsection (a) shall not apply to matters regarding
which the Government or the Prime Minister, or such persons that the
Government or the Prime Minister have specifically authorized, have permitted
their publication or matters the publication of which is legally mandatory.
Section 45 Salaries and
pensions
The salaries of the Prime Minister, the Ministers and the Deputy Ministers
and other payments paid to them during their period of service or thereafter,
or to their next of kin after their deaths, will be specified by law, or by
virtue of a decision of the Knesset, or a public committee appointed by the
Knesset for that purpose.
Section 46 Government
Secretary
The Government will, according to the proposal of the the
Prime Minister, appoint a Government Secretary and specify his duties.
Section 47 Regulations
(a) The Prime Minister or the Minister charged with the
implementation of a law, is empowered to make regulations for its
implementation.
(b) A law may empower the Prime Minister or a Minister to make regulations in
a matter specified in the authorization.
Section 48 Knesset
supervision of subsidiary legislation
(a) Regulations made by the Prime Minister or a Minister and mandating penal
sanctions for their violation will not come into force unless having been
approved prior to their publication by the specific Knesset committee
responsible for the matter treated therein, should the committee fail to
render its decision either approving or rejecting the regulation within 30
days from the day the regulations were submitted, the regulations will be
considered to have been approved.
(b) Nothing in the provisions of this section shall derogate from the
provisions of a basic law or another law relating to regulations.
Section 49 Declaration
of a state of emergency
(a) Should the Knesset ascertain that the State is in a state of emergency,
it may, of its own initiative or, pursuant to a Government proposal, declare
that a state of emergency exists.
(b) The declaration will remain in force for the period prescribed therein,
but may not exceed one year; the Knesset may make a renewed declaration of a
state of emergency as stated.
(c) Should the Government ascertain that a state of emergency exists in the
State and that its urgency necessitates the declaration of a state of
emergency, even before it becomes possible to convene the Knesset, it may
declare a state of emergency. The declaration's validity shall expire upon 7
days from its proclamation, if not previously approved or revoked by the
Knesset, pursuant to a decision by a majority of its members; should the
Knesset fail to convene, the Government may make a renewed declaration of a
state of emergency as stated in this subsection.
(d) The Knesset and Governmental declarations of a state of emergency will be
published in Reshumot; should publication in Reshumot not be possible, another appropriate manner will
be adopted, provided that notification thereof be published in Reshumot at the earliest possible date.
(e) The Knesset may at all times revoke the declaration of the state of
emergency; notification of its revocation will be published in Reshumot.
Section 50 State of
emergency
(a) During a state of emergency the Government may make emergency regulations
for the defence of the State, public security and the maintenance of supplies
and essential services; emergency regulations will be submitted to the
Foreign Affairs and Security Committee at the earliest possible date after
their enactment.
(b) Should the Prime Minister deem it impossible to convene the Knesset,
given the existence of an immediate and critical need to make emergency
regulations, he may make such regulations or empower a Minister to make them.
(c) Emergency regulations may alter any law temporarily suspend its effect or
introduce conditions, and may also impose or increase taxes or other
compulsory payments unless there be another provision by law.
(d) Emergency regulations may not prevent recourse to legal action, or
prescribe retroactive punishment or allow infringement upon human dignity.
(e) Emergency regulations shall not be enacted, nor shall arrangements,
measures and powers be implemented in their wake, except to the extent
warranted by the state of emergency.
(f) The force of emergency regulations shall expire three months after the
day of their enactment unless their force is extended by law, or they are
revoked by the Knesset by law, or pursuant to a decision of a majority of the
members of Knesset.
(g) Emergency regulations shall come into force on the day of their
publication in Reshumot; should publication in Reshumot not be possible another appropriate means of
publication will be adopted provided that they be published in Reshumot as soon as possible.
(h) Should the state of emergency cease to exist, the regulations enacted
will remain in force for the duration of the prescribed period, however not
longer than for 60 days after the termination of the state of emergency;
state of emergency regulations whose force was lengthened by law shall remain
in force.
Section 51 Declaration
of war
(a) The state may only begin a war pursuant to a Government decision.
(b) Nothing in the provisions of this section will prevent the adoption of
military actions necessary for the the defence of
the state and public security.
(c) Notification of a Government decision to begin a war under the provision
of Subsection (a) will be submitted to the Knesset Foreign Affairs and
Security Committee as soon as possible; the Prime Minister also will give
notice to the Knesset plenum as soon as possible; notification regarding
military actions as stated in Subsection (b) will be given to the Knesset
Foreign Affairs and Security Committee as soon as possible.
Section 52 The
Government and Knesset committees
(a) The Government will provide the Knesset and its committees with
information upon request and will assist them in the discharging of their
roles; special provisions will be prescribed by law for the classification of
information when the same is required for the protection of state security
and foreign relations or international trade connections or the protection of
a legally mandated privilege.
(b) The Knesset may, at the request of at least forty of its members, conduct
a session with the participation of the Prime Minister, pertaining to a topic
decided upon; requests as stated may be submitted no more than once a month.
(c) The Knesset may obligate a Minister to appear before it, similar authority
is granted to any of the Knesset committees within the framework of their
tasks.
(d) Any of the Knesset committees may within the framework of the discharging
of their duties, and under the auspices of the relevant Minister and with his
knowledge, require a civil servant or any other person prescribed in the law,
to appear before them.
(e) The Prime Minister and any Minister may speak before the Knesset and its
committees.
(f) Details regarding the implementation of this section may be prescribed by
law or in the Knesset articles.
Section 53
Inapplicability of emergency laws
Notwithstanding the provisions of any law, emergency regulations cannot
change this Basic Law, temporarily suspend it, or make it subject to
conditions.
Section 54
Notifications to the Knesset
(a) The Government shall notify the Knesset regarding the following matters:
(1) The appointment of an acting Prime Minister or the appointment of the
Prime Minister;
(2) The resignation or the death of the Prime Minister;
(3) The resignation or the death of a Minister;
(4) Transfer of activities from one office to another;
(5) The expiration of the office of a Deputy Minister.
(b) The notification will be made in the Knesset, and, during the Knesset
recess, to the Speaker of the Knesset, who will notify the Knesset members
thereof.
Section 55 Publication
in Reshumot
(a) The Knesset shall give public notice of the following in Reshumot:
(1) Knesset expression of no-confidence in the Prime Minister;
(2) Removal of the Prime Minister from his office;
(3) The removal of a Minister from his office by the Knesset;
(4) A Knesset approval in accordance with Section 39 (b);
(5) A decision under Section 45.
(b) The Government shall give public notice of the following in Reshumot:
(1) The presentation of the Government to the Knesset, its Ministers and the
allocation of roles between them;
(2) The addition of a Minister to the Government;
(3) Assumption of powers under Section 42;
(4) A Prime Ministerial decision under Sections 39 (a)(1)-(5);
(5) The appointment of a Deputy Minister or the expiration of his office;
(6) The appointment of the Government Secretary;
(7) The removal of a Minister from office by the Prime Minister.
Section 56 Stability of
the Law
(a) This Basic Law may not changed unless by a majority of the Knesset
members; however, a provision prescribing that Knesset decision must be
adopted by a specified number of the Knesset members, will not be altered
unless by at least the same amount of Knesset members; the required majority
under this section will be required for decisions of the Knesset during the
first reading the second reading and the third reading; "change"
for the purposes of this section means both specific and by implication.
(b) The provisions of this section shall not apply to Sections 57-63.
Section 57 {...}
Section 58 {...}
Section 59 {...}
Section 60 {...}
Section 61 {...}
Section 62 {...}
Section 63 Commencement
and applicability
(a) The provision of this Basic Law will apply to the election of the Prime
Minister and to the establishment of the Government beginning from the
elections to the fourteenth Knesset.
(b) Subject to the provisions of Subsection (a), this Basic Law shall come
into force on the first day of service of the Prime Minister elected in
accordance with the provisions of Subsection (a).
Section 64 Transitional
provisions
(a) On the day of the coming into force of this Basic Law, a state of
emergency will deemed to have been declared according to Section 49 (a) of this Basic Law.
(b) Any legislation containing a provision making its continued force
dependent on the continuation of the state of emergency as declared according
to Section 9 of the Law and Order Ordinance 5708-1948, will remain in force
for as long as a state of emergency exists, in accordance to Subsection (a).
(c) Any legislation referring to the state of emergency as declared according
to Section 9 of the Law and Order Ordinance 5708-1948, will be deemed as
referring to a state of emergency declared according to Section 49 of this Basic Law.
Section 65 Publication
This law will come into force 30 days from the day of its adoption.
© 1994 - 7. Jan.
2004 / For corrections please contact A. Tschentscher.
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