政一B 邱科翰 (13)

姓名 : 邱科翰

班級 : 政一B

學號 : 07114248

[標題] Israel sets date for elections, 24/12/18, BBC

[內文] Israel is to hold a general election in April, the ruling coalition has said.

The political partners decided to call the poll after failing to resolve a dispute over a draft conscription bill for ultra-Orthodox Jews.

If PM Benjamin Netanyahu is returned to office he would be on course to become Israel's longest serving leader.

However a question mark hangs over his political future, with the attorney general due to decide whether the PM should be charged with corruption.

Mr Netanyahu is being investigated on suspicion of committing fraud and bribery in three cases.

He has denied the accusations, accusing political opponents of carrying out a witch-hunt against him.

The ruling coalition was recently reduced to holding a one-seat majority in the Knesset (Israeli parliament) after the then-defence minister resigned in protest over what he said was a weak approach towards dealing with attacks from Gaza, the Palestinian enclave bordering Israel.

By Sunday night it was clear the government faced collapse after ultra-Orthodox parties threatened to withdraw over the draft conscription bill.

The bill concerns the long-controversial issue of conscripting ultra-Orthodox seminary students, who have traditionally been largely exempt from automatic military service.

Elections had to be held by November this year. If Mr Netanyahu manages to stay in office beyond 31 May 2019, he will surpass Israel's first prime minister, David Ben Gurion, as the longest serving head of government.

Opinion polls after the defence minister's resignation last month suggested Mr Netanyahu's Likud party would still come out top in an election.

However, reports say a former head of the Israeli Defence Forces (IDF), Benny Gantz, is preparing to contest new polls as head of an independent party, a scenario which could make an outcome more difficult to predict.

…

[相關憲法條文] (部分節選)

憲法第一條 : 中華民國基於三民主義，為民有民治民享之民主共和國。

憲法第二條 : 中華民國之主權屬於國民全體。

憲法第十七條 : 人民有選舉、罷免、創制及複決之權。

憲法第二十條 : 人民有依法律服兵役之義務。

憲法第三十五條 : 總統為國家元首，對外代表中華民國。

憲法第三十六條 : 總統統率全國陸海空軍。

憲法第三十七條 : 總統依法公布法律，發布命令，須經行政院院長之副署，或行政院院長及

有關部會首長之副署。

憲法第三十八條 : 總統依本憲法之規定，行使締結條約及宣戰、媾和之權。

憲法第四十條 : 總統依法行使大赦、特赦、減刑及復權之權。

憲法第四十一條 : 總統依法任免文武官員。

憲法第四十二條 : 總統依法授與榮典。

憲法第五十三條 : 行政院為國家最高行政機關。

憲法第六十二條 : 立法院為國家最高立法機關，由人民選舉之立法委員組織之，代表人民行

使立法權。

憲法第六十三條 : 立法院有議決法律案、預算案、戒嚴案、大赦案、宣戰案、媾和案、條約

案及國家其他重要事項之權。

憲法第一百二十九條 : 本憲法所規定之各種選舉，除本憲法別有規定外，以普通、平等、直接及無記名投票之方法行之。

憲法第一百三十條 : 中華民國國民年滿二十歲者，有依法選舉之權，除本憲法及法律別有規定

者外，年滿二十三歲者，有依法被選舉之權。

憲法第一百三十一條 : 本憲法所規定各種選舉之候選人，一律公開競選。

憲法增修條文第二條 (部分) : 總統、副總統由中華民國自由地區全體人民直接選舉之，自中華民國八十五年第九任總統、副總統選舉實施。總統、副總統候選人應聯名登記，在選票上同列一組圈選，以得票最多之一組為當選。在國外之中華民國自由地區人民返國行使選舉權，以法律定之。

總統發布行政院院長與依憲法經立法院同意任命人員之任免命令及解散立法院之命令，無須行政院院長之副署，不適用憲法第三十七條之規定。

總統、副總統之任期為四年，連選得連任一次，不適用憲法第四十七條之規定。

憲法增修條文第三條 (部分) : 行政院院長由總統任命之。行政院院長辭職或出缺時，在總統未任命行政院院長前，由行政院副院長暫行代理。憲法第五十五條之規定，停止適用。

行政院依左列規定，對立法院負責，憲法第五十七條之規定，停止適用：

一、行政院有向立法院提出施政方針及施政報告之責。立法委員在開會時 ，有向行政院院長及行政院各部會首長質詢之權。

二、行政院對於立法院決議之法律案、預算案、條約案，如認為有窒礙難行時，得經總統之核可，於該決議案送達行政院十日內，移請立法院覆議。立法院對於行政院移請覆議案，應於送達十五日內作成決議。

如為休會期間，立法院應於七日內自行集會，並於開議十五日內作成決議。覆議案逾期未議決者，原決議失效。覆議時，如經全體立法委員二分之一以上決議維持原案，行政院院長應即接受該決議。

三、立法院得經全體立法委員三分之一以上連署，對行政院院長提出不信任案。不信任案提出七十二小時後，應於四十八小時內以記名投票表決之。如經全體立法委員二分之一以上贊成，行政院院長應於十日內提出辭職，並得同時呈請總統解散立法院；不信任案如未獲通過，一年內不得對同一行政院院長再提不信任案。

憲法增修條文第四條 (部分) : 立法院立法委員自第七屆起一百一十三人，任期四年，連選得連任，於每屆任滿前三個月內，依左列規定選出之，不受憲法第六十四條及第六十五條之限制：

一、自由地區直轄市、縣市七十三人。每縣市至少一人。

二、自由地區平地原住民及山地原住民各三人。

三、全國不分區及僑居國外國民共三十四人。

前項第一款依各直轄市、縣市人口比例分配，並按應選名額劃分同額選舉區選出之。第三款依政黨名單投票選舉之，由獲得百分之五以上政黨選舉票之政黨依得票比率選出之，各政黨當選名單中，婦女不得低於二分之一。

{相關法條}

以色列基本法政府篇 (5761-2001) 第一條 : The Government is the Executive Branch of the State. 

以色列基本法政府篇 (5761-2001) 第三條 : The Government holds office by virtue of the confidence of the Knesset. 

以色列基本法政府篇 (5761-2001) 第四條 : The Government is collectively responsible to the Knesset. A Minister is responsible to the Prime Minister for the tasks over which the Minister is in charge. 

以色列基本法政府篇 (5761-2001) 第五條之 b, c, d, e, f : (b) The Prime Minister shall be from among the Knesset Members. A Minister need not be from among the Knesset Members.
(c)  A Minister shall be responsible for a Ministry, but may also be a Minister without Portfolio.
(d)  One of the Ministers, who is a member of the Knesset, may substitute for the Prime Minister.
(e)  A Minister may be Deputy Prime Minister.
(f)  The number of Government members, including the Prime Minister, shall not exceed 19, unless the Knesset has expressed confidence in the Government, or has decided to approve the addition of Ministers to the Government, by a majority of at least seventy Members 

以色列基本法政府篇 (5761-2001) 第八條 : The Knesset Member to whom the President of the State has assigned the task of forming a Government on the basis of article 7, has 28 days in which to fulfill his task. The President is entitled to prolong this period by additional periods, as long as they shall not together exceed 14 days. 

以色列基本法政府篇 (5761-2001) 第二十一條之 a : The Prime Minster, who has ceased to be a Knesset Member, shall be deemed to have resigned from his office on the day that his membership in the Knesset ceased. The resignation of the Prime Minster is equivalent to the resignation of the Government. 

以色列基本法政府篇 (5761-2001) 第二十八條之 a, c : (a) The Knesset is entitled to express no-confidence in the Government. 

(c) Details regarding the submission of a motion to express no-confidence in the Government, and the debate on it shall be prescribed by law or the Knesset Rules of Procedure. Should the motion be submitted by 61 Members of the Knesset, a debate shall take place as soon as possible, and no later than a week from the day of its submission. 

以色列基本法政府篇 (5761-2001) 第二十九條之 a, b, f : (a) Should the Prime Minister realise that there is a majority in the Knesset, which opposes the Government, and that that effective action by the Government is prevented, he is entitled, with the consent of the President of the State, to dissolve the Knesset with an order to be published in the Official Gazette. The order shall enter into force 21 days after its publication, unless a request has been submitted, on the basis of clause (b), and the Government is deemed to have resigned on the day the order was published. 

(b) Within 21 days of the publication of the order, the majority of the Knesset Members are entitled to request the President of the State in writing to assign to a certain Knesset Member, who agreed to it in writing, and who is not the Prime Minister, to form a Government. 

(f) Should the President of the State give notice as stated in clause (e), or should the Knesset Member to whom the task of forming a Government on the basis of this article was assigned have presented a Government, and the Knesset rejected the request to express confidence in it on the basis of article 13(d), the Knesset shall be deemed to have decided to dissolve itself before the end of its term, and elections to the Knesset shall be held on the last Tuesday before the end of the 90 days from the day the order came into force, or from the day on which the period for forming the Government ended, or from the day of the notification of the President, or from the day on which the request to express confidence in the Government was rejected, as the case may be. 

以色列基本法政府篇 (5761-2001) 第三十二條 : The Government is authorised to perform in the name of the State, subject to all laws, any act, which is not assigned by law to another authority. 

以色列基本法國會篇 (5718-1958) 第一條 : The Knesset is the house of representatives of the State. 

以色列基本法國會篇 (5718-1958) 第三條：Upon its election the Knesset shall consist of one hundred and twenty members. 

以色列基本法國會篇 (5718-1958) 第四條 : The Knesset shall be elected in general, national, direct, equal, secret, and proportional elections. This article may only be changed by a majority of the Knesset Members. 

以色列基本法國會篇 (5718-1958) 第五條 : Every Israeli citizen aged eighteen or over, has the right to vote in elections to the Knesset, unless a court of law has deprived him of this right on the basis of the law. The Elections Law shall determine when a person shall be considered to be eighteen years of age for the purpose of exercising the right to vote in elections to the Knesset. 

以色列基本法國會篇 (5718-1958) 第六條之 a : Every Israeli citizen, who on the day of the submission of a list of candidates that includes his name, is twenty one years old or over, is entitled to be elected to the Knesset, unless a court of law has deprived him of this right by virtue of any law, or that he has been sentenced, in a final verdict, to actual imprisonment for a period of over three months, and on the day of the submission of the list of candidates seven years have not yet gone by since he finished serving his term of imprisonment, or if he has been convicted of a serious terror offence, or a serious security offence, as laid down by law, has been sentenced, in a final verdict, to actual imprisonment for a period of over seven years of imprisonment, and on the day of the submission of the list of candidates 14 years have not yet gone by since he finished serving his term of imprisonment - unless the Chairman of the Central Elections Committee has determined that the crime for which he was convicted, under the circumstances of the case, does not carry moral turpitude. 

以色列基本法國會篇 (5718-1958) 第八條 : The term of the Knesset shall be four years from the day that it was elected. 

以色列基本法國會篇 (5718-1958) 第十六條 : Should the Speaker of the Knesset call upon a Member of the Knesset to make the declaration of allegiance, and the Member refrained from doing so, that Member shall not enjoy the rights of a Member of the Knesset as long as he has not made the declaration. 

以色列基本法國會篇 (5718-1958) 第四十四條 : Notwithstanding the provisions of any other law, Emergency Regulations cannot change, temporarily suspend, or subject this law to conditions. 

以色列基本法國會篇 (5718-1958) 第四十五條 : Article 44, or this article, may not be changed, save by a majority of eighty Members of the Knesset. 

以色列基本法總統篇 (5724-1964) 第一條 : The State is headed by a President. 

以色列基本法總統篇 (5724-1964) 第三條之 a,b : (a) The President of the State is elected by the Knesset for seven years. The term of office shall be calculated on the basis of the Jewish calendar. 

(b) The President of the State shall serve for one term of office only. 

以色列基本法總統篇 (5724-1964)第四條 : Every Israeli citizen, who is a resident of Israel, is eligible to be a candidate for the office of President of the State. 

以色列基本法總統篇 (5724-1964) 第七條 : The election of the President of the State shall be by secret ballot, at a Knesset sitting to be dedicated exclusively to this matter. 

以色列基本法總統篇 (5724-1964) 第十一條 : (a) The President of the State - 

(1)  Shall sign every law, other than laws relating to his powers;
(2)  Shall fulfill the responsibilities assigned to him by Basic Law: the Government;
(3)  Shall receive from the Government reports on its meetings;
(4)  Shall accredit the diplomatic representatives of the State, shall receive the credentials of diplomatic representatives sent to Israel by foreign states, shall empower the consular representatives of the State, and shall confirm appointments of consular representatives sent to Israel by foreign states;
(5)  Shall sign treaties with foreign states approved by the Knesset;
(6)  Shall carry out every responsibility assigned to him by law in connection with the appointment and removal from office of judges and other office holders.
(b)  The President of the State has the power to pardon offenders and mitigate penalties by reducing or commuting them.
(c)  The President of the State shall carry out any other responsibility, and hold every other power assigned to him by law. 

以色列基本法總統篇 (5724-1964) 第十二條 : The signature of the President of the State on an official document requires the countersignature of the Prime Minister, or of another minister assigned by the Government, except for a document connected with the formation of the Government or the dissolution of the Knesset. 

以色列基本法總統篇 (5724-1964) 第二十五條 : Notwithstanding the provisions of any other law, Emergency Regulations cannot change, temporarily suspend, or condition this law. 

以色列基本法軍隊篇 (5736-1976) 第一條 : The Israel Defence Forces is the army of the State. 

以色列基本法軍隊篇 (5736-1976) 第二條 : The army is subject to the authority of the Government. 

…

心得評論：

General elections means SPECIAL EDITIONS ! Because it rhymes, and because it’s a good way to dive into comparative politics by taking a look at the constitution/basic laws of states, getting to know their structures of power and such. So this week it’s Israel. 

Due to the very limited time and available space, I have to limit my discussion in two main categories, executive-legislative relations/structure and the head of state. The ROC constitution, after the amendments, was generally considered as a hybrid system, with a single-house legislative branch elected by universal suffrage and an executive head (premier) appointed by the head of state. Israel, on the other hand, is a single-house parliamentary democracy with an uncodified constitution. The parliament was elected by universal suffrage, and from the parliament, a person appointed by the head of state would be responsible for forming a government. Generally, the chair of the majority would then receive the confidence of the parliament if things went smooth. Together with other people he/she selected, they form the “Government” of Israel, the Cabinet. Despite these obvious differences, the electoral systems were different also. The ROC/Taiwan adopts a hybrid voting system, mixing FPTP voting with party-list proportional representation. Israel uses classic proportional representation, which also means any member of parliament must receive party nomination. Cabinet members, with the exception of the prime minister, were not required as such, since they can be non-MPs. In ROC/Taiwan, there were even less restrictions. The head of state could appoint the premier as he/she wish, without the consent of parliament. Both states however, held the government/cabinet responsible to the parliament, and both introduced a system of no-confidence, which balances legislative-executive actions. It should be noted that dissolving the legislation via executive action was slightly harder in Israel, as it requires an attempt to form a new government, and only when that fails can a general election be called. 

Then, the head of state. Both states select a “President” as the head of state, making both of them republics. A president is an official with limited time in office and in Israel that refers to one seven-year term. In ROC/Taiwan, that would be two four-year terms. The head of state, depending on executive-legislative relations, may or may not hold “actual” power. In a hybrid system, the head of state appoints the head of government, making the head of state extremely powerful — exactly the case in the ROC/Taiwan. The President of the ROC also serves as the head of the armed forces. Israel, on the contrary, functions under parliament superiority, where the head of sate only enjoys ceremonial powers. Even the military of Israel, the IDF, falls under the control of the government. Part of this might be explained by the way these presidents were elected. The President of the ROC was elected through universal suffrage, granting his/her rule legitimacy. The President of Israel was elected by the parliament, making him/her more like the “public executing face of the state”. Both states, however, requires countersignatures for most official documents, because the cabinet still holds the executive power. 

So, in conclusion, Israel is a democratic parliamentary republic, and the ROC is a democratic semi-presidential republic. Which system is better? Well, I am always a fan of parliamentary systems, to be honest. Because first, a parliament system allows political parties to take centre stage and compete fair and even, which also provides clear political responsibility. It offers a smooth way to dissolve political stalemates. Of course, Taiwan lacks the political development and social culture to make this system flourish, but one can always dream. Second,  It offers a powerful possibility to carry out policies with an efficiency other systems can’t offer, since the legislative and executive branches were combined. The ultimate power in a parliament system lies in the electorate. Even if a party or coalition attempts to dictate every aspect of the policy-making process, there would always be a shadow cabinet ready to replace them, and thus if a party or coalition could not properly defend the interest of the general public, the next election would see the shadow cabinet become a reality. This high uncertainty and instability is what plagues the parliament system the most, its greatest strength and most significant flaw. There were downsides to the parliament system, true, but all things considered, this system offers the highest flexibility and could reflect public opinions most effectively.  It is a pity that Taiwan didn’t have the foundations to progress into a parliamentary democracy, as this system places heavy focus on a mature, party-centred political environment. Taiwanese are party-centred, just not mature.