Questions Being Asked: Knesset and Government
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What Are They Without a Constitution?
INTRODUCTION
Note to educator: These introductory conversations are designed to help learners consider the role of government in democracies broadly, as well as to provide a reference point for what learners already know or want to know about the Israeli Government and Knesset. 1
Begin by asking learners the following questions:
- What do you think is the role of the government in a democracy?
- In the United States, what is the role of Congress?
- In the United States, what is the role of the president and the executive branch?
Having reflected on the role of government in a democracy writ large and in the United States specifically, ask learners:
- What do you know about the Israeli Government?
- What do you know about the Knesset?
Note to educator: Encourage learners to share any and everything they know or have heard about these bodies, and to ask questions as well! After hearing from learners and before moving on to the next activity, clarify that in the following activities “the Government” refers to a specific governing body in Israel and not a general catch-all term for state bodies.
Share with learners some or all of the FAQ: Knesset and Government and/or show them this explainer video from 2022.
Sections in this Resource
BASIC LAW: THE GOVERNMENT
Note to educator: This activity exposes learners to the foundational legislation outlining the Government’s roles and responsibilities and its relationship with the Knesset. Learners will be encouraged to grapple with the ambiguities and flexibility of the law and, as a result, the relationship between the Knesset and the Government. For more on Israel’s Basic Laws, see the FAQ: Basic Laws. This activity takes about one hour.
OPENING ACTIVITY
Begin by asking learners to read these sections from “Basic Law: The Government” that address the relationship between the Government and the Knesset.
Ask learners:
- What is confusing or ambiguous?
- What powers does the Knesset wield over the Government?
- What powers does the Government wield over the Knesset?
- Based on this Basic Law, who seems to be in charge of who?
Note to educator: It is important for learners to understand that the Basic Law prescribes a theoretical division between the Government and the Knesset—they are two different entities that are supposed to operate separately but with the “confidence” of the other. As the next part of the discussion will explore, however, in practice, the Government actually controls both bodies.
Next, ask learners to read the following critique of the current, practical relationship between the Government and the Knesset:
“The government is dependent on the Knesset’s vote of confidence, and is obliged to carry out the Knesset’s resolutions… However, in the reality of present-day Israel, the government’s control of the Knesset—by means of the automatic coalition majority it enjoys—means that the tables are turned, and in many respects, the government is not the “executive agency” of the Knesset, but rather the Knesset is the “legislative agency” of the government. [One of the] biggest problems with this state of affairs [is] the weak supervisory capacity of the Knesset over the executive branch.” (Israel Democracy Institute)
Note to educator: It should be noted that this critique is common in many other parliamentary democracies. Indeed, the division of powers (or lack thereof) and the precarious situation of checks and balances is an issue in most parliamentary democracies.
Ask learners:
- How does this description of the relationship differ from the Basic Law’s prescription?
- What do you think are some merits of the relationship between the Knesset and the Government?
- What do you think might be problematic about the relationship between the Knesset and the Government?
- Would you recommend changing the relationship? If so, how? And why?
WORDS MATTER: CLARIFYING POLITICAL POSITIONS
Note to educator: This activity explores the way that the term “the Israeli government” is commonly used. The activity explores the use of the term in various contexts, guiding learners to be able to identify the connotations behind differing usages.
DISCUSSION
If a political activist says they oppose “the American government,” what do you think they mean? What other explanations might there be for what they mean?
Note to educator: Encourage learners to point out as many things as possible, including government policies, politicians in office, the system of government, etc.
Next:
Present learners with the following statements (paraphrased from recent protests against “the Israeli government”).
- “The Israeli Government is bad for the future of Israel. The Government’s priorities neglect minorities in Israel and threaten Israeli democracy.”
- “Down with the Israeli government and regime. Free Palestine.”
- “We need to reform Israel’s government and rearrange the balance of powers between its branches.”
Ask learners:
- What do you think opposition to the Israeli government means in each of these statements?
- Why might it matter to know who offered these critiques? What about where they were shared?
Note to educator: Emphasize that context can impact the meaning of words: who is speaking and where they are speaking can have a major impact on the messages being delivered.
CONSTITUTION BY CONSENSUS
Note to educator: In this activity, learners actively engage with the complexities of writing an Israeli constitution. Learners will encounter the diversity of Israeli politics and society and grapple with the challenges of contemporary Israeli political processes. This activity takes about one hour.
OPENING ACTIVITY
- This activity uses excerpts from the Israel Democracy Institute’s “Constitution by Consensus,” a proposed draft for a constitution written under the leadership of Meir Shamgar, who was Chief Justice of the Israeli Supreme Court from 1983 to 1995.
- Begin by reminding or explaining that, in addition to its legislative powers, the Knesset has constitutional responsibilities, namely the task of writing a formal, completed constitution. In 1950, the Knesset decided to write the Constitution in chapters, known as Basic Laws (see this short explanation for more details on the original decision). Today, we will assume the roles of different political groups in order to complete the process.
- Divide into four groups, each representing a different political ideology or identity group represented within Israeli society and the Knesset. Suggested groups include: ultra-Orthodox Jews/Haredim, secular liberal Israelis, Arab citizens of Israel, and a conservative national-religious group. It is important to note that Israeli society, like any society, is composed of many more than four groups (and that the boundaries between them are seldom so neatly defined). You may want to outline a different set of groups for your learners to explore.
Note to educator: Like any society, the Israeli public cannot be adequately represented by four groups. Explain to your learners that this activity necessarily presents broad general sectors of society; make clear that no group is an ideological monolith. The goal is for learners to consider different perspectives and priorities, recognizing that many other voices are not included.
RESEARCH ACTIVITY
Each group should read “Part One: Principles” (pp.113-115) of the “Constitution by Consensus.” In addition, each group should read about their “priorities” here.
- Task each group with drafting and proposing amendments to this section of the constitution. Each group can propose up to three amendments, subtractions, or additions. In the end, the groups will negotiate a maximum of six total changes to the proposal that must be approved by a vote of at least 3-1. Each group must try to include as many of their priorities while preventing the inclusion of anything that contradicts their priorities.
Note to educator: The goal of this activity is not necessarily to reach a consensus and approve a constitution, but rather to demonstrate how complicated and controversial the process is today—and always has been. Even if the groups do manage to agree on a proposal, remind learners that they worked on only three pages of the 328-page proposal. If the groups are struggling to agree on a draft, ask:
- What about the process worked or did not work? What skills might have been helpful in convincing the other groups? Why is gaining a majority or creating consensus so difficult?
CLOSING DISCUSSION
Ask learners:
- Was this process difficult? Why or why not?
- What new insights or understandings do you have about Israel’s lack of a constitution?
