The public purse and the private campaign: Political finance in Israel

Journal of Law and Society

Volumn 23, Issue 1, 1996, Pages 132-148

  Hofnung, Menachem ^a  

^a HEBREW UNIVERSITY OF JERUSALEM   (Israel)

Author keywords

[No Author keywords available]

Indexed keywords

EID: 0030529248     PISSN: 0263323X     EISSN: None     Source Type: Journal    
DOI: 10.2307/1410471     Document Type: Article

References (49)

1. M. Hofnung, Party Finance In Israel (Hebrew) (1992) 28.
2. On the connection between adequate funding and electoral success, see, F.J. Sorauf, Inside Campaign Finance - Myths and Realities (1992) 60-97.
3. H.E. Alexander (ed.), Comparative Political Finance in the 1980s (1989) 9-19; F.J. Sorauf, Money in American Elections (1988) 16-43.
4. H.E. Alexander (ed.), Comparative Political Finance in the 1980s (1989) 9-19; F.J. Sorauf, Money in American Elections (1988) 16-43.
5. K.-H. Nassmacher, 'Structure and Impact of Public Subsidies to Political Parties in Europe: the Examples of Austria, Italy, Sweden and West Germany' in Alexander, id. See, also, D. Nelken, 'A Legal Revolution? The Judges and Tangentopoli', a paper presented at the Law And Society Meeting, Toronto, Canada, 1995; H.E. Alexander, and R. Shiratori (eds.), Comparative Political Finance Among the Democracies (1994).
6. K.-H. Nassmacher, 'Structure and Impact of Public Subsidies to Political Parties in Europe: the Examples of Austria, Italy, Sweden and West Germany' in Alexander, id. See, also, D. Nelken, 'A Legal Revolution? The Judges and Tangentopoli', a paper presented at the Law And Society Meeting, Toronto, Canada, 1995; H.E. Alexander, and R. Shiratori (eds.), Comparative Political Finance Among the Democracies (1994).
7. K.-H. Nassmacher, 'Structure and Impact of Public Subsidies to Political Parties in Europe: the Examples of Austria, Italy, Sweden and West Germany' in Alexander, id. See, also, D. Nelken, 'A Legal Revolution? The Judges and Tangentopoli', a paper presented at the Law And Society Meeting, Toronto, Canada, 1995; H.E. Alexander, and R. Shiratori (eds.), Comparative Political Finance Among the Democracies (1994).
8. J. Lapalombara, 'Structural and Institutional Aspects of Corruption', (1994) 61 Social Research 325-50. For other definitions of political corruption, see M. Johnston, 'Corruption, Inequality and Change' in Corruption, Development and Equality, ed. P.M. Ward (1989)13-37.
9. J. Lapalombara, 'Structural and Institutional Aspects of Corruption', (1994) 61 Social Research 325-50. For other definitions of political corruption, see M. Johnston, 'Corruption, Inequality and Change' in Corruption, Development and Equality, ed. P.M. Ward (1989)13-37.
10. H.C. 3094/93 Movement for changing the System of Government v. Prime Minister 47(5) P.D. 404; H.C. 4267/93 Amitai v. Prime Minister 47(5) P.D. 441.
11. Y. Aharoni, The Political Economy of Israel, (1991) 205-68.
12. D. Deri, Politics and Civil Service Appointments (Hebrew) (1993); E. Etzioni-Halevy, The Elite Connection and Democracy in Israel (Hebrew) (1993); I. Sharknasky, The Political Economy of Israel (1987) 140-1.
13. D. Deri, Politics and Civil Service Appointments (Hebrew) (1993); E. Etzioni-Halevy, The Elite Connection and Democracy in Israel (Hebrew) (1993); I. Sharknasky, The Political Economy of Israel (1987) 140-1.
14. D. Deri, Politics and Civil Service Appointments (Hebrew) (1993); E. Etzioni-Halevy, The Elite Connection and Democracy in Israel (Hebrew) (1993); I. Sharknasky, The Political Economy of Israel (1987) 140-1.
15. C.A. 234/77 Yadlin v. State of Israel 32(1) P.D. 673; C.A. 113/79 Rechtman v. State of Israel 33(3) P.D. 261; C.A. 281/82 Abu Hatzirra v. State of Israel 37(3) P.D. 673; C.A. 71/83 Plato-Sharon v. State of Israel 38(2) P.D. 757; C.A. 1289/93 Levi v. State of Israel (unpublished). In another case, Abraham Ofer, Minister of Housing, committed suicide in 1977 when the Israeli Police started to investigate allegations of corruption. See, also, in this respect, G. Ben-Dor, 'Corruption, Institutionalization and Political Development' (1973) 5 Rivon Le'Mechkar Chevrati 5-24, and S.B. Werner, 'The Development of Political Corruption: A Case Study of Israel' (1983) 31 Political Studies 620-39.
16. C.A. 234/77 Yadlin v. State of Israel 32(1) P.D. 673; C.A. 113/79 Rechtman v. State of Israel 33(3) P.D. 261; C.A. 281/82 Abu Hatzirra v. State of Israel 37(3) P.D. 673; C.A. 71/83 Plato-Sharon v. State of Israel 38(2) P.D. 757; C.A. 1289/93 Levi v. State of Israel (unpublished). In another case, Abraham Ofer, Minister of Housing, committed suicide in 1977 when the Israeli Police started to investigate allegations of corruption. See, also, in this respect, G. Ben-Dor, 'Corruption, Institutionalization and Political Development' (1973) 5 Rivon Le'Mechkar Chevrati 5-24, and S.B. Werner, 'The Development of Political Corruption: A Case Study of Israel' (1983) 31 Political Studies 620-39.
17. C.A. 234/77 Yadlin v. State of Israel 32(1) P.D. 673; C.A. 113/79 Rechtman v. State of Israel 33(3) P.D. 261; C.A. 281/82 Abu Hatzirra v. State of Israel 37(3) P.D. 673; C.A. 71/83 Plato-Sharon v. State of Israel 38(2) P.D. 757; C.A. 1289/93 Levi v. State of Israel (unpublished). In another case, Abraham Ofer, Minister of Housing, committed suicide in 1977 when the Israeli Police started to investigate allegations of corruption. See, also, in this respect, G. Ben-Dor, 'Corruption, Institutionalization and Political Development' (1973) 5 Rivon Le'Mechkar Chevrati 5-24, and S.B. Werner, 'The Development of Political Corruption: A Case Study of Israel' (1983) 31 Political Studies 620-39.
18. J. Mendilow, 'Public Party Funding and Party Transformation in Multi-Party Systems' (1992) 25 Comparative Political Studies 90-117.
19. M. Hofnung, Party and Campaign Finance In Israel (Hebrew) (1993) 115.
20. H.C. 1635/90 Zerzevsky v. Prime Minister 45(1) P.D. 749.
21. A. Diskin, The Elections to the 12th Knesset (Hebrew) (1990).
22. id.; H.C.1523/90 Levy v. Prime Minister 44(2) P.D. 213; H.C. 1601/90 Shalit v. Peres 44(3) P.D. 353; H.C. 5079/90 Biton v. Prime Minister 45(2) P.D. 827.
23. H.C. 2060/91 Cohen v. Shilanski 46(4) P.D. 319.
24. The laws intended to fight corruption for political gains include: i) An amendment in 1991 to the Basic Law: the Knesset prohibits the nomination of a Knesset member who deserts her/his faction to any executive office or to entrench such a defector a safe seat on other party's list in the next election. This provision does not apply in a case of a split within the party. A split is defined (in a 1991 amendment to the Elections Law) as a voluntary departure of three MKs or more who form at least one third of a parliamentary group (or two MKs in a group of six or less). The new arrangement makes a clear distinction between a split, in which the new faction is entitled to all the rights and benefits given to a political party, and a defection which strips the MKs involved of any political benefits. ii) Prohibition on employees of the civil service in the top four administrative ranks to be members of a party electing or nominating internal body. This was intended to prevent the phenomenon where ministers were nominating the party's electing body members to top positions in the civil service and later sought the support of nominees for re-election. iii) A law requiring public and open tender for any acquisition or contract by public authority.
25. D. Kretzmer, 'Political Agreements - A Critical Introduction' (1992) 26 Israel Law Rev. 407-37.
26. State Comptroller's Report on Party Finance, (1969 and 1973).
27. A. Arian, Politics in Israel (2nd ed., 1989) 259.
28. The Municipal Finance Law of 1993 is to be permanent law. However, several important provisions of it, such as restrictions on contributions, became effective only after the 1993 campaign was over.
29. Arian, op. cit., n. 19, p. 259. During the 1993 campaign there was an undenied newspaper report according to which the Likud Party decided to take 25 per cent of public municipal funding to cover central headquarters expenditure. This money was also used to give additional grants to preferred candidates. Ha'aretz, 4 October 1993.
30. The restrictions on contributions in the Municipal Elections Finance Law were to take effect on 3 November 1993. The elections were held on 2 November 1993. The law was amended again in 1994, and placed severe restrictions on contributions. As in national elections, contributions can not be taken from foreign citizens, corporations or associations but only from Israeli citizens, and are limited to NIS5000 (about $1700).
31. State Comptroller Report on the 1993 Municipal Elections (1994).
32. State Comptroller Report on Local Government (1995) 11-24.
33. The law regarding such elections violations is much more lenient than other criminal laws in the sense that legal action can be taken only up to one year after the offence has been committed. Since the State's Comptroller report was published a year and a half after the elections, the Attorney General instructed the police to stop legal proceedings against the mayors involved. Ha'aretz, 3 November 1995.
34. Ma'ariv, 17 July 1994; Ha'aretz, 10, 26, 28 April and 21 July 1995; Globes, 2 May 1995.
35. Ma'ariv, 17 July 1994; Ha'aretz, 10, 26, 28 April and 21 July 1995; Globes, 2 May 1995.
36. Ma'ariv, 17 July 1994; Ha'aretz, 10, 26, 28 April and 21 July 1995; Globes, 2 May 1995.
37. We refer here to public investigations which are conducted after an initial secret investigation is held for establishing the validity of suspicions and for striking out false complaints fabricated by individuals or filed as a vendetta by political opponents. The number of secret investigations which end up in a recommendation to close a case is much higher.
38. Based on State Comptroller Reports of the 1992 national and 1993 municipal campaigns.
39. The threshold for acquiring Knesset seats was changed in 1992 to 1.5 per cent of the national vote.
40. M. Hofnung, 'Public Financing, Party Membership and internal Party Competition' (1996) 29 European J. of Political Research 73-86 (forthcoming).
41. In one of those cases, Israel Kessar, who served in 1992 as the Histadrut's Secretary General and competed in the Labor Primaries for Prime Minister, is currently being investigated on suspicions that he spent between 20 to 40 million NIS (about 8 to 16 million dollars at the ongoing currency rate) of Histadrut funds on his primaries campaign (the party's self imposed ceiling was NIS 300,000). Kolbo, 24 February 1995; Yediot Aharonot, 10 March 1995; Ha'aretz, 3 April 1995.
42. In one of those cases, Israel Kessar, who served in 1992 as the Histadrut's Secretary General and competed in the Labor Primaries for Prime Minister, is currently being investigated on suspicions that he spent between 20 to 40 million NIS (about 8 to 16 million dollars at the ongoing currency rate) of Histadrut funds on his primaries campaign (the party's self imposed ceiling was NIS 300,000). Kolbo, 24 February 1995; Yediot Aharonot, 10 March 1995; Ha'aretz, 3 April 1995.
43. In one of those cases, Israel Kessar, who served in 1992 as the Histadrut's Secretary General and competed in the Labor Primaries for Prime Minister, is currently being investigated on suspicions that he spent between 20 to 40 million NIS (about 8 to 16 million dollars at the ongoing currency rate) of Histadrut funds on his primaries campaign (the party's self imposed ceiling was NIS 300,000). Kolbo, 24 February 1995; Yediot Aharonot, 10 March 1995; Ha'aretz, 3 April 1995.
44. In one of those cases, Israel Kessar, who served in 1992 as the Histadrut's Secretary General and competed in the Labor Primaries for Prime Minister, is currently being investigated on suspicions that he spent between 20 to 40 million NIS (about 8 to 16 million dollars at the ongoing currency rate) of Histadrut funds on his primaries campaign (the party's self imposed ceiling was NIS 300,000). Kolbo, 24 February 1995; Yediot Aharonot, 10 March 1995; Ha'aretz, 3 April 1995.
45. Ha'aretz, 29 July 1993.
46. On this matter in the American context, see K. Calavita and H.N. Pontell, 'Heads I Win, Tails you Lose: Deregulation, Crime and Crisis in the Savings and Loan Industry' in White Collar Crime, ed. D. Nelken (1994).
47. Yediot Aharonot, 7 April 1995.
48. Arian, op. cit., n. 19, p. 118.
49. For the primaries of the 1996 national elections only one party, Meretz, established a system in which the party itself bears a considerable proportion of the expenditures of the candidates in its internal selection processes.