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Why we have failed to change the system
By Menahem Ben-Sasson
Tags: israel elections, israel news 

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There is no need to go looking for guidelines for forming a broad coalition. One guideline is arising from every direction - "changes in the system of government." This slogan can be heard from the leaders of Kadima, Likud, Yisrael Beiteinu and the Labor Party. The public expects change after an election that was not conclusive; after a loss of stability and the government's ability to govern. We have been dependent on fragments of parties nearly indistinguishable from one another, and the elected representatives have been separated from the public.

Even though the problems are pressing, we must not make changes in the system of government in a drastic way. They must be balanced so we don't repeat the mistakes of the past. They will be made by amendments to laws and Basic Laws.
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Amendments that will reduce coalition parties' ability to threaten stability include increasing (from 61 today) the number of Knesset members needed to propose a replacement prime minister; a law that grants the head of the largest Knesset faction the first right to try to form a coalition (which will encourage voters to choose large parties); and a return of the cap on the number of ministers to 18.

This goal can also be brought closer by raising the percentage of the overall vote needed for a party to enter the Knesset. It can be furthered by the so-called Norwegian law, which would require all ministers and deputy ministers except party chiefs to resign from the Knesset and be replaced by the next person on their party's list. There would also be an amendment to the way the budget is passed and supervised when carried out. Elected officials' commitment to the public would be strengthened by a new Elections Law in which half the MKs would be elected in local balloting.

If the problems are so grave and the way toward a solution is clear, where have we, the elected officials, been for the past three years?

Very soon after the establishment of the Constitution, Law and Justice Committee in the outgoing Knesset, the coalition parties and most other Knesset factions embarked on a move to bring about the legislation discussed above. Thirty-eight meetings in 2007 were devoted to drafting bills to be voted on in the committee. But just when the work was prepared for the vote, some committee members (from the coalition as well) pulled out. The draft laws are languishing in the committee stage.

The smaller parties clearly expressed their reservations: The reform could endanger their existence, reduce their bargaining power and obligate them to organize in large blocs and accept discipline and responsibility when they join a coalition.

The heads of the Shas party, however, supported the move from the outset, for the most part. Then, on the eve of the vote, they changed their position on increasing the percentage of the vote needed for a party to enter the Knesset because of pressure from the small ultra-Orthodox parties. These parties later hinted that if they did not win the required percentage they would join up with Shas, along with their rabbinical establishments, threatening Shas' rabbinical establishment.

Shas' leaders explained their change of position on the "head of the largest faction" law by saying that their voters, who hold right-wing positions, would vote for Likud because of concerns that the head of a less-hawkish party might become prime minister. The way Shas conducted itself in the last election (the "distant-relatives" tango between Shas and Likud) indicates that their concerns were sincere.

If the heads of the large parties manage to define a single goal, "changing the system of government" - wherein lies the future of our faith in democracy - they must be prepared to establish a coalition without parties that oppose the changes. They must do it without parties that have already, and in the last Knesset particularly brazenly, dictated our difficult reality characterized by anger and chaos. The effort would lay a cornerstone on which we can build public life beyond a single term.

The writer was chairman of the Constitution, Law and Justice Committee in the outgoing Knesset.
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