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November 20, 2017

The Expulsion Law

By Rights, Duties and Law No Comments
On July 20 2016, the Knesset passed the final approval of “The Expulsion Law” according to which, a serving Member of the Knesset may be removed from his position if three quarters of the Knesset Committee members determine that he has incited to racism or expressed support for an armed struggle against the State of Israel.[1] This law has aroused protests among many members of the Opposition and certain organizations such as Adalah (The Legal Center for Arab Minority Rights in Israel) that present themselves as being concerned for the rights of Israel’s minorities. According to them, the law constitutes a mortal blow to the values of democracy. They further claim that its sole purpose is to expel Arab Knesset members.

In order to attempt and resolve the issue, we have chosen to study the state of affairs in countries possessing characteristics and regimes similar to those of Israel i.e., democratic nation states. Accordingly, the study presented below examined limitations imposed on political parties and on members of parliament in twelve democratic states, members of the OECD. The study surveyed the existence and actual implementation of legal preventative measures that restrict the foundation or registration of political parties seeking to participate in elections, and also retroactive steps including disassembly or disqualification of a party after its foundation, and suspension or expulsion of a serving member of parliament.

This publication constitutes a complementary study to two relevant studies on the subject published by the Knesset Research and Information Center (hereinafter: RIC) that were conducted in 2006 and 2016 and that, among others, is based on their findings. Read More

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