At this time, with the political system in Israel tense and in a state of
unrest, and anticipating the upcoming national Knesset elections, more
prominence is placed on the unique role and status of the President of the State
and the importance of the institution of the Presidency.
Israeli democracy, as in other countries in the free world that have
parliamentary systems, was established by its founders with measures in place to
ensure the non-partisan status of the Office of the President. To maintain
uninterrupted integrity of government, the founders made the institution of the
Presidency (one of the symbols of Israeli sovereignty) representative of all
sectors of the State of Israel.
“The Basic Law: The Presidency” states: “The State of Israel is headed by the
President.” The President of the State serves in the highest office and is not a
part of the three branches of government. The President has no political status.
“The Basic Law: The Presidency” was designed to ensure the independence of the
President and the President's status so that the President can represent
national values and norms that are not politically controversial and so that the
President can express opinions on public issues that are in the national
consensus.
Out of loyalty to and responsibility for this high office, the President may
neither intervene politically nor express personal views on issues that divide
the public. The President protects the national system and the unity of the
citizens of the State.
The status and policy of the President reinforces the sense of partnership
between the citizens and the State, as well as between the people and their
national symbols; the feelings of belonging and affiliation are also bolstered.
The High Court handed down in its ruling that the President of the State "stands
above all three branches of government . . . and personifies the state itself in
his being." (1962)
Being set apart from the other government authorities and from politics is what
shapes the role of the President as a unifying and non-partisan force.
The political system in Israel is intense and stormy. Political controversy is
widespread, touches upon almost every aspect of the lives of the citizens, and
may harm the unity of the people. The institution of the Presidency is
different. There are very few organizations and institutions in the country that
are free from political considerations. The Presidency is an anchor of
stability, providing a sense of Statehood, continuity, and unity. The Presidency
is a supreme institution of State and is not part of the political debate or
political discourse. The citizens of the State from all sectors and all regions
feel a connection and affiliation with the Presidency.
Furthermore, the State of Israel, the State of the Jewish people and a
democracy, is the spiritual center for the Jewish people in the Diaspora.
Thousands of Jewish communities in the worldwide Diaspora feel a spiritual
connection to the State of Israel through their connection to the President of
the State and the institution of the Presidency.
Throughout his term of office, President Katsav has received many delegations of
Jewish communities from all over the world who came to see the President of the
State. Likewise, the President, on his visits abroad, takes pains to ensure that
an important part of his schedule is devoted to visiting the Jewish communities
in the Diaspora.
Some of the Jewish communities abroad note that they relate to the President not
just as the President of the State of Israel, but as the President of Israel -
the President of the Jewish people.
The Knesset felt it necessary to stress the independence of the office of the
Presidency. To show that independence, the Knesset granted the President the
authority to appoint senior office holders in a way that emphasizes their
independence from anything political or controversial.
The President appoints secular court judges, rabbinical judges to religious
courts, and the kadis to the courts of Muslim law. The President appoints the
members of the Council on Higher Education, the National Academy of Science, the
Broadcasting Authority, the Authority to Rehabilitate Prisoners, the Chief
Rabbinical Council, and the Wolf Foundation, as well as the Governor of the Bank
of Israel, and others.
The autonomy and validity of these senior appointments is assured by the
non-political nature and independent status of the Presidency.
The President also confirms and endorses the credentials of the Israeli
ambassadors leaving to take up posts representing Israel around the world and
receives the credentials of the foreign diplomats who have been sent to Israel.
Paragraph 11a of the Basic Law charges the President with the responsibility to
sign every bill into law (except those that pertain to the powers of the
President), as well as international or bilateral treaties that have been
ratified by the Knesset.
Additional powers granted in ”The Basic Law: The Government”:
When a new government is formed, the President delegates the job of establishing
that government to one of the members of Knesset. This may be after elections,
after a no-confidence vote, after the resignation of the prime minister, or the
resignation of the government. This authority, which is well known in most
parliamentary forms of government, requires judgment and is exercised after
consulting with the various Knesset factions and is based on the President’s
personal evaluation of who has the best chances of forming a government.
According to paragraph 29a of the Law, Presidential consent is required for the
dissolution of the Knesset by decision of the Prime Minister when two conditions
have been fulfilled – that a majority opposes the government and that this
prevents the orderly operation of the government. Under these circumstances, the
President may have influence, if the President is convinced that these two
conditions have not been fulfilled. In that situation, the President may be able
to convince the Prime Ministers to avoid dissolving the Knesset.
Fulfilling these duties during a time of national crisis and political
instability has given those serving in this position the power of influence. The
President enjoys an image of neutrality, which grants a measure of freedom of
action and ability to affect political dynamics, simply because the President is
a symbol of national unity and the guardian of the basic principles of Israeli
society.
The President receives ongoing reports from the Prime Minister and governmental
ministers, the Chief of Staff of the IDF, the Heads of the Intelligence
community (the Mossad and the Security Services), and others. In this way, the
President has an understanding of the surrounding circumstances that guide the
proceedings of the political system and does not take action in a vacuum on
subjects of national importance.
Socially, it is clear that a society as replete with controversy as Israeli
society finds it difficult to focus on shared symbols, and this is vital to the
functioning of a civilian society. Inasmuch as the President of the State is
also the address for appeals from minorities and different sectors of the
population, the President can alleviate the sense of alienation from society for
these citizens and can lessen their sense of deprivation, raising their problems
for consideration as part of the national agenda.
Unfortunately, in the present Israeli reality, there is not full cohesion and
identification of all of the citizens of the State with the symbols of State,
such as the flag and the national anthem. However, the President, by fulfilling
the duties and by the authority granted by the Basic Law, can be a force of
unity and cohesion. All citizens can feel connected and affiliated with the
Presidency, a common denominator for all Israeli society, with whom everyone
identifies.
The institution of the Presidency is a supplementary institution of the
government in Israel. The President is given duties and powers that cannot be
granted to other institutions of government, both in times of stability and
serenity as well as in times of crisis and controversy.
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