The Powers of the Caretaker Government: Are They Really Unlimited?

17 Pages Posted: 5 Nov 2015

See all articles by Claude Klein

Claude Klein

Hebrew University of Jerusalem - Faculty of Law

Date Written: November 4, 2015

Abstract

After a political and constitutional crisis, the Government of Mr. Rabin presented its resignation to the President of the State on 20 December 1976. A few weeks later, the Knesset decided to bring forward the general elections from October 1977 to 17 May 1977. Under sec. 11 of Basic Law: The Government, the procedure for setting up a new government ceases immediately after the adoption of a Law to dissolve the Knesset. Thus, the government of Mr. Rabin, having resigned will "continue to carry out its function until a new Government is formed". It is generally assumed that it will take approximately 4-6 weeks to form a new government after the elections of May 17. Thus, a new government will not begin to function before the beginning of July 1977, leaving the present government of Mr. Rabin to "carry out its functions" for more than 6 months, i.e., from 20 December 1976 until (approximately) July 1977. Does a government which is only continuing to "carry out its functions" fully enjoy the prerogatives and powers of a government, since it is not acting "by virtue of the confidence of the Knesset"? It must be stressed that the generally accepted opinion is that such government carrying out its functions holds full powers, even if it is sometimes considered inadequate de lege ferenda. We propose here to examine first, the status of such a caretaker government, and second, its powers.

Keywords: Rabin, Knesset, Basic Law, Claude Klein, government

Suggested Citation

Klein, Claude, The Powers of the Caretaker Government: Are They Really Unlimited? (November 4, 2015). 12 Isr. L. Rev. 271 (1977), Hebrew University of Jerusalem Legal Research Paper, Available at SSRN: https://ssrn.com/abstract=2686053

Claude Klein (Contact Author)

Hebrew University of Jerusalem - Faculty of Law ( email )

Mount Scopus
Mount Scopus, IL 91905
Israel

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