Rules of Procedure of the Knesset
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| Rules of Procedure of the Knesset | |
|---|---|
| Name | Rules of Procedure of the Knesset |
| Native name | תקנון הכנסת |
| Jurisdiction | State of Israel |
| Adopted | 1949 |
| Amended | ongoing |
| Authority | Basic Laws |
| Legislature | Knesset |
| Status | in force |
Rules of Procedure of the Knesset The Rules of Procedure of the Knesset are the standing orders that regulate the internal work of the Knesset, directing relations among Prime Minister of Israel, President of Israel, the Cabinet, parliamentary groups such as Likud, Yesh Atid and Labor Party, and offices including the Knesset Speaker and Legal Adviser to the Knesset. They govern legislative stages affecting laws like the Basic Law: Human Dignity and Liberty, oversight mechanisms including State Comptroller of Israel inquiries, and interactions with institutions such as the Supreme Court of Israel and the Attorney General. The Rules are amended through internal decisions by the Knesset and shaped by precedents from notable figures and events such as David Ben-Gurion, the 1950s Knesset presidencies, and the dynamics of coalitions and oppositions exemplified by Shimon Peres and Benjamin Netanyahu.
History and Development
The earliest codifications of parliamentary procedure in Israel drew on models from the British Parliament, the Weimar Constitution era practices observed by émigré jurists, and parliamentary manuals from the Ottoman Empire and Mandate for Palestine. After the Declaration of Independence, the provisional First Knesset adopted initial standing orders influenced by debates involving Moshe Sharett, Golda Meir, and jurists associated with the Israeli Declaration of Independence signatories. Major revisions accompanied constitutional and political turning points: the enactment of the Basic Law: The Knesset, judicial reviews such as cases adjudicated by the Supreme Court of Israel in the 1990s, and crisis responses to events like the 1977 Israeli legislative election and the 2005 Gaza disengagement plan. Commissions chaired by legal scholars and former speakers—figures akin to Menachem Begin-era advisors and later reformers—have periodically restructured debate time, committee powers, and voting modalities.
Legal Basis and Authority
Authority for the Rules is derived from the Law and Administration Ordinance legacy and the Basic Laws, particularly provisions addressing the functioning of the Knesset and separation of powers adjudicated by the Judicial branch. The Rules coexist with statutory enactments such as the Knesset Law and constitutional interpretations produced in landmark cases argued before justices like Aharon Barak and reported in decisions of the Supreme Court of Israel. The President of Israel summons sessions consistent with constitutional norms, while the Knesset Speaker—often a senior member of parties including Yisrael Beiteinu or Meretz—exercises procedural authority delegated under these legal foundations.
Structure and Organization
The Rules establish hierarchical organs: the plenum presided over by the Knesset Speaker; standing committees such as the Foreign Affairs and Defense Committee, Finance Committee, and ad hoc committees formed for inquiries into episodes like the Yom Kippur War aftermath. They specify roles for parliamentary officers including the Knesset Secretary, Knesset Guard, and the Knesset Legal Adviser, and regulate the rights of parliamentary groups including small parties and factional arrangements among blocs like Joint List. The Rules delineate schedules, quorum requirements, agenda-setting procedures, and the publication of transcripts in the Knesset Archives.
Legislative Procedures
Legislative stages prescribed by the Rules mirror the three-reading model used historically by legislatures including the British House of Commons and adapted to Israeli needs. Initiation may come from individual members—represented by MKs such as those from United Torah Judaism—from ministers in the Ministry of Justice or as government bills introduced by the Prime Minister of Israel's office. The Rules control bill referrals to committees like the Constitution, Law and Justice Committee and set timelines for explanatory memoranda, public hearings involving stakeholders like the Histadrut or Israel Bar Association, and technical reviews by the Knesset Research and Information Center. They also provide mechanisms for fast-track legislation during emergencies, subject to oversight tied to precedents from crises including the Six-Day War.
Committee and Plenary Rules
Committees operate under specific provisions that permit evidence collection, witness summons, and inter-parliamentary cooperation with bodies such as the United Nations parliamentary networks and the Inter-Parliamentary Union. Plenary rules govern speaking order, time allocation for parties including Shas or Blue and White, and scheduling of votes on motions, reports, and motions of no confidence referencing historical attempts like those against cabinets led by Levi Eshkol or Ehud Olmert. Committee chairs wield authority to shape agendas but are constrained by appeals to the plenum and rights guaranteed to opposition factions.
Debate, Voting, and Amendments
The Rules set precise debate conduct: allotted times for primary speakers, rebuttals, and coordination of floor interventions, reflecting practices observed in debates involving statesmen such as Yitzhak Rabin and Ariel Sharon. Voting modalities include voice votes, electronic roll calls, and secret ballots where mandated for internal elections, with recording by the Knesset Secretariat. Amendment procedures define permissible textual changes at each reading, technical amendment routes via committee reports, and limits on omnibus changes to protect rights enshrined in laws like the Basic Law: Freedom of Occupation and contested in litigation before the Supreme Court of Israel.
Disciplinary Measures and Privileges
The Rules enumerate privileges for MKs—including immunity from prosecution except with Knesset consent, referencing historical controversies involving figures like Arie Eldad—and set disciplinary sanctions for breaches: reprimands, temporary suspension from sittings, fines, and referral to ethics committees such as the Ethics Committee (Knesset). They also define entitlements including office allocations, staff allowances, and access to classified materials under scrutiny by security bodies like the Israel Defense Forces when national security intersects with parliamentary oversight. Appeals against disciplinary actions may be litigated in courts including the Supreme Court of Israel.