Disqualification of Political Parties Flashcards
Section 7a of the Basic Law: Knesset states that a party shall not participate in elections for the Knesset if it points to…
Denial of the existence of the State of Israel as a Jewish and democratic state; incitement to racism; or support for armed struggle by a hostile state or a terrorist organization against the State of Israel.
Who is presumed to act in support of the armed struggle of an enemy state?
Individuals who visit states defined as “enemy states” such as Syria, Lebanon, Iraq, and Iran (unless they demonstrate otherwise).
What does Section 42a of the Basic Law: Knesset allow for?
Allow a special majority of 90 Knesset members to vote to oust a serving Knesset member for inciting racism, or supporting the armed struggle of an enemy state or a terrorist organization.
What does the Central Elections Committee do?
Performs numerous tasks pertaining to Knesset elections including the authorization and registration of lists running for Knesset, the financing of elections, ‘censoring’ media spots and other forms of campaign advertising, organization of voting on election day, publication of election results, and appeals against the results.
Who is the Central Elections Committee made up of?
Chaired by justice of the Supreme Court, and its membership is otherwise made up of representatives of the incumbent parties in the Knesset (for each four members, a party has a representative in the Central Elections Committee). Manifestly politicized process.
It is necessary to balance the right to democracy against what political rights?
Self-protection; the right to elect candidate of one’s choice; the right to be elected; the right to equality; and the right to freedom of expression and freedom of association.
Yeridor v Chairman of theCentral ElectionsCommittee.
It is permissible for the Central Elections Committee to disqualify a list of candidates on the basis that there is some evidence that members of the party received instructions from enemy states to seek election and use their immunity to undermine the State of Israel. There is a requirement for loyalty to the State of Israel based on the Declaration of Independence and the Law and Administration Ordinance.
How does the High Court of Justice interpret ss. 7a and 42a of the Basic Law: Knesset?
Restrictively, as it recognizes that disqualification is a draconian measure that should only be authorized in the most extreme and severe cases where no doubt exists as to the candidate or political party’s ambition to actively promote and implement a platform that is diametrically opposed to the Jewish or democratic character of the state of Israel or its right to security.
True or false? A secondary part of a party’s program being inconsistent with the Jewish or democratic character of the State of Israel is enough to disqualify the party.
False, it has to be a central and highly prominent component of the platform.
True or false? Mere conjecture that is inconsistent with the Jewish or democratic character of the State of Israel is enough to warrant disqualification.
False, the party or candidate must pursue these goals in an active fashion; mere slogans will not suffice; there must be clear set of policy recommendations and a systematic pattern of actions taken and planned to advance these goals, mere isolated incidents of threats or physical violence will not suffice.
What are the characteristics of a Jewish state with which interference may result in the disqualification of a political party?
Hebrew language, the Right of Return, and predominance of Jewish symbols in public life.
What are the core elements of democracy with which interference may result in the disqualification of a political party?
Principle of equality, popular sovereignty, separation of powers, and rule of law.
What are the grounds for disqualification of a political party with regards to armed conflict?
Only if it is clearly demonstrated that the political party or candidate embraces the use of violence — it is not enough to support the political goals of a terrorist organization.
Give an example of a time where the Supreme Court upheld the disqualification of a political candidate.
Dr. Michael Ben-Ari was disqualified for making racist remarks about Israeli Arabs, painting them as enemies of the State of Israel.
Give an example of a time where the Supreme Court did not uphold the disqualification of a political candidate.
Dr. Ofer Cassif was not disqualified when he declared himself anti-Zionist, that Zionism is racist in ideology in ideology and practice, that Justice Minister Ayelet Shaked is ‘neo-Nazi scum,’ and compared the Israel Defence Forces to the Shutzstaffel.
