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1. Keeping Parties Together? The Evolution of Israel’s Anti-Defection Law

Author:
Csaba Nikolenyi
Publication Date:
01-2018
Content Type:
Journal Article
Journal:
Polish Political Science Yearbook
Institution:
Polish Political Science Association (PPSA)
Abstract:
In 1991, the Knesset passed a package of legislation with the aim of preventing the rampant party switching and defections by elected representatives. At the time of its adop- tion, the so-called anti-defection law was supported by an all-party consensus. Although the legislation has remained in effect, its apparent continuity conceals the way in which it has become transformed from what was at first an “efficient” institution to a “redistributive” one (Tsebelis 1990). In this paper, I review the development of the Israeli anti-defection law and argue that whereas at the initial moment of its adoption the anti-defection law was consid- ered to benefit all parties in the system, over time it has become an instrument in the hands of the governing coalition to manipulate divisions and engineer further defections among the opposition in order to shore up its often fragile legislative base.
Topic:
Domestic politics, Legislation, and Political Parties
Political Geography:
Middle East and Israel

2. What is Left from the Identity of the State of Israel Proclaimed in the Declaration of Independence?

Author:
Mordechai Schenhav
Publication Date:
01-2018
Content Type:
Journal Article
Journal:
Polish Political Science Yearbook
Institution:
Polish Political Science Association (PPSA)
Abstract:
The purpose of this article is twofold. First, to look at the Identity of Israel as both Jewish and democratic State in its Declaration of Independence and the status it acquired over the years within the Constitutional and law system. The second, to examine, through the evolution of the enounced principle of equality in the situation of economic, gender, reli- gious and national minorities, how it was implemented and what has changed after 70 years. From the outset, the Declaration was not given a constitutional status but later the Supreme Court gave it an interpretive quality. With the two Basic Laws on Human Rights, limited as they were, it gave the Supreme Court much more advantage to intervene and impose the Identity of the State as Jewish and democratic in its interpretations of laws in spite of strong criticism and even to influence and criticize the Knesset legislation. However, Israel is still not a true liberal Democracy since the rights within it are determined more according to the ethnic-national religious belonging of the person than according to its citizenship and the principle of equality is only partially adopted in practice with different degrees as regards the various minorities. In some aspects, it even moves away from the original intended Iden- tity of an exemplary liberal Democratic Nation State.
Topic:
Nationalism, Law, Legislation, State Building, Identity, and Equality
Political Geography:
Middle East and Israel

3. Reflections on the Proposal to Introduce a Term Limit for Elected Officials

Author:
Joanna Marszalek-Kawa
Publication Date:
01-2018
Content Type:
Journal Article
Journal:
Polish Political Science Yearbook
Institution:
Polish Political Science Association (PPSA)
Abstract:
The problem of the lack of “generational replacement” in Poland is particularly ev- ident on the local self-government level. For years, there has been an ongoing public debate on the adoption of legal solutions introducing term-limits for the office of commune head, mayor and president of the city. Politicians of Law and Justice returned to their idea from 2005 and, shortly before the local elections of 2018, decided to prepare new regulations in this respect. They argued that the adopted solutions create real prospects for implementing projects by young politicians and activists. However, the issue was hotly debated and the ini- tiators’ motives were put into question. There is no doubt that a two-term limit in local self- government units has always stirred up emotions. A lot of self-government officials perceive it as a regulation which violates the provisions of the Constitution of the RP. The aim of this paper is to present the public debate on the adopted solutions and discuss their assumptions.
Topic:
Elections, Legislation, Local, Term Limits, and Political System
Political Geography:
Europe and Poland