The Israeli legal system has undergone substantial legislative changes in recent years with basic laws frequently altered to fit the need of the hour. For example, Basic Law: The Government was significantly amended to create the institution of Alternate Prime Minister; the Basic Law: The State Economy was amended with a temporary order in order to adapt it to a biennial budget. Currently on the government's agenda is an additional amendment to the Basic Law: The Government, proposed by Justice Minister Gideon Sa'ar, which would limit the term of a prime minister to no more than eight years.
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An extended term in power can lead to corruption, and one of the ways to counter this concern is to introduce term limits. The fact that the proposed amendment is forward-looking offsets concerns over retroactive or personal legislation. However, it's rather problematic that significant constitutional changes are being proposed as stand-alone legislation rather than as part of other constitutional changes that are needed, and without any overall vision regarding the constitutional framework and its prevailing political culture.
Proposed amendments often arise as a result of ideas drawn from other countries. There is nothing wrong with that. But adopting a foreign model – as worthy as it may be in the country in which it is practiced – without any systemic change and without taking into account differences in governing systems could lead to other serious problems.
A prominent example is that of political appointees – an issue that is often in the spotlight in Israel – based on the American model. But the American model is part of a presidential system employed as part of the federal government.
The same goes for the proposal to limit the term of prime ministers. Unlike presidential systems, Israel is a parliamentary democracy and the prime minister is not directly elected. He or she is not necessarily even the head of the biggest party. The prime minister is the person who has succeeded in building a coalition and winning a confidence vote in the Knesset. Setting term limits could lead to some problems, as noted by Assaf Shapira and Amir Fuchs of the Israel Democracy Institute in a letter to the justice minister.
For example, in a plausible scenario in which a prime minister's term comes to an end in the middle of a Knesset term, this could lead to attempts by coalition partners to make new coalition demands or seek a reshuffle in the government. A scenario in which the end of a prime minister's term could lead to new elections is also within the realm of possibility, as was the case in the past. Another concern is that if the prime minister has sufficient political power, he could repeal the term limit legislation for political purposes. Thus, the amendment could undermine the political stability it seeks to establish.
Any amendment of basic laws is an amendment of our constitution. Fixing flaws, and promoting the political stability that we have lacked in recent years should be done out of respect for the existing constitutional framework. Significant change requires an all-encompassing approach that takes into account the unique Israeli political system and culture. We may find the prescription that would culminate with term limits. If such a model is found, it should be protected from future constitutional changes by a simple majority. The Israeli system is indeed crying out for stability, but stability requires broad thinking and especially respect for basic laws.
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