Twilight Time: On the Authority of Caretaker Governments

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A caretaker government is a common phenomenon in Israel, and its average term in office is significant. The question of the authority of a caretaker government is particularly important against the backdrop of the problematic political culture that has developed in Israel in this area, whereby caretaker governments do not refrain from initiating military operations or undertaking weighty political or social actions.

This article argues that a caretaker government suffers from both weak democratic legitimacy and an aggravated problem of representation. We then review the existing case law, from which it emerges that a caretaker government is prohibited from making public appointments but permitted to conduct peace negotiations. We suggest possible explanations for these divergent judicial outcomes and explain the difficulties inherent in those rationales.

Moreover, we contend that at times the current law permits what should be prohibited and prohibits what should be permitted. Against the backdrop of the difficulties present in both the political reality and the law, we propose what the law ought to be regarding this important issue.

Suggested citation:

Twilight Time: On the Authority of Caretaker Governments, 13 Mishpat U’Memshal (Haifa U L Rev) 167, 167-223 (2010) [Hebrew]