Israeli constitutional expert Dr. Matan Jotman has proposed an unconventional method for Gadi Eisenkot to form a government in Israel, potentially replacing Prime Minister Benjamin Netanyahu. Jotman's proposal, published in an opinion piece, suggests that Eisenkot can form a government without signing coalition agreements or securing support from 61 Knesset members. This approach relies on an interpretation of Israel's Basic Law.
Jotman's proposal involves moving the government formation process from closed political negotiations to a public Knesset session. This would put Knesset members in a position to choose between supporting Eisenkot's government or rejecting it, potentially leading to new elections. According to Jotman, Israel's Basic Law does not recognize the concept of political blocs and does not require coalition agreements or a guaranteed majority.
Under Israel's Basic Law, the President appoints a Knesset member to form a government after consulting with parliamentary group representatives. The appointed member must then present their government and program to the Knesset within seven days to obtain a vote of confidence. Jotman suggests that Eisenkot can present a government consisting only of his party members, committed to the principles outlined in his election campaign.
Jotman describes this strategy as a "chicken game," where two parties engage in a standoff, and the one that backs down first loses. He believes it would be challenging for Avigdor Lieberman and Naftali Bennett to justify voting against Eisenkot, alongside Itamar Ben-Gvir and Bezalel Smotrich, potentially allowing Eisenkot to form a government.
The proposal also considers the stance of Arab parties, suggesting that their vote in favor of Eisenkot's government would not imply participation in the government or signing of agreements. Jotman acknowledges that Eisenkot's government might face difficulties in passing legislation and approving the budget, requiring an independent parliamentary majority for each bill.
Jotman argues that the Israeli government does not necessarily need to control the Knesset, as the dissolution of the Knesset requires a vote of no confidence and the support of 61 members for an alternative government. He concludes that the proposal relies on the separation of executive and legislative powers, with a government obtaining a majority vote sufficient to take office, even without coalition agreements.
The proposal puts opponents of Netanyahu in a public test of their willingness to remove him without participating in a government under his leadership. According to Jotman, this approach could allow Eisenkot to form a government, provided he can secure support from a majority of Knesset members.
Key points
- Dr. Matan Jotman proposes an unconventional method for Gadi Eisenkot to form a government in Israel without coalition agreements.
- The proposal relies on an interpretation of Israel's Basic Law and involves a public Knesset session to determine support for Eisenkot's government.
- Eisenkot's government might face challenges in passing legislation and approving the budget without a clear majority.