Political agreements are an integral part of the political system in Israel. For various reasons — mainly the proportional representation electoral system and the existence of a “third bloc” of religious parties that do no fit into the centre-right and centre-left political alliances — no political party has ever enjoyed an absolute majority in the Knesset. The dominant parties have therefore always had to rely on coalition agreements with smaller parties in order to obtain, and subsequently maintain, the parliamentary majority required for a government to rule under Israel's parliamentary system. A similar situation exists in many municipal councils and in other elected bodies, such as the Bar Council.

The petitioner, a member of the Likud central committee, moved the High Court of Justice to set aside a coalition agreement of April 11, 1990, between the Likud and a Knesset faction known as the Movement for the Promotion of the Zionist Idea. The agreement, regulating the relationship between the two bodies in parliamentary elections and in the Knesset, also provides that the Likud will have no monetary claims against the faction, and that the future expenses of their joint list in the Knesset will be shared according to their respective strengths.

The petitioner contended that the agreement is illegal and against public policy.

The legal debate concerning political agreements has lately won renewed interest in Israel, following some disturbing incidents that took place just prior to the establishment of the present government. These events, which were referred to by Justice Elon as “a weakness of political culture” and even “political eclipse”, have forced the High Court of Justice to deal with a number of petitions concerning political agreements over the past year. The Legislature also has had to give this matter considerable attention; the Basic Law: The Knesset, Amendment no. 12, allows for amending and even preventing disruptive phenomena such as political defection which tend to occur alongside political agreements.

A new creature has been welcomed into Israel's family of law. While some refer to it as a political agreement, and others a public agreement, I prefer to call it a political contract.

It was greeted with curiosity, suspicion, and even disapproval. And, although much has been written about it of late, its character has as yet to be determined. What distinguishes it from other agreements? Is it legally binding, or does it merely draw upon the force of public opinion? Is it justiciable? If binding, does it fall within the scope of private law or of public law? And what consequences attach to breach of the agreement?

In this article, I will examine the primary questions regarding political agreements, present the existing case law and opinions, and express my views on the subject.

A political agreement is an agreement among political parties, party factions, candidates for public office, or holders of public office in regard to governmental policy, its constituency, or exercise of public authority. Such agreements can be reached both proceeding and following elections. A coalition agreement is the conspicuous example of a political agreement. It is generally concluded following the elections, and it establishes the division of ministerial portfolios among the coalition partners, sets policy guidelines and rules for exercising executive authority (e.g., allocation of monies for certain purposes), and regulates legislation and parliamentary supervision of the executive (e.g., the manner in which party delegates will vote in the Knesset).

1. In recent years, negotiations between parliamentary factions in Italy have had an increasing impact on the process of government formation. The frequency of such negotiations and resulting coalition agreements necessitates a more thorough examination of this phenomenon in order to understand the interaction between coalition agreements and government policy.

The phenomenon of coalition governments is not a new one. A number of European states have witnessed their emergence since the late 19th century. It is, however, in regimes of extreme multi-party politics — as the Italian system must be considered — that this form of government has found full enforcement.

Coalition agreements are resolutions which come into existence for a legislative period fixed by the agreement of two or more political parties. These parties are part of a ‘parliament’, which by a majority vote decides to form and support a government. Such practice, however, can be carried out only by a ‘hung parliament’ consisting of several political parties, each enjoying less than an evident absolute majority, and thus unable to form a government membered by a single political party.

Once in existence, the coalition stands as agreed by the parties forming the government. The party members are obliged to co-operate in order to promote the interests of the government of the ‘multi-party-state’, in accordance with the constitution.

A new section dealing with the practice of Israel in matters relating to International Law is being introduced herewith. This section will appear regularly in the Israel Law Review bringing to our readers significant cases as well as developments and trends in this important field of law in Israel. The following survey has been prepared by Ms. B. Cohen under the supervision of Prof. R. Lapidoth and Mr. M. Hirsch of the International Law Department of the Faculty of Law at the Hebrew University. The responsibility for the content is the author's.