## Facts

- Multiple petitions were consolidated challenging the confidentiality of coalition agreements negotiated among Knesset factions during efforts to form a government.
- Petitioners sought public-law relief requiring publication of coalition agreements before the Knesset vote of confidence on the proposed government.
- Coalition agreements commonly set policy commitments, legislative priorities, and allocation of ministerial positions in Israel’s coalition system.
- The petitions named Knesset factions and office-holders involved in coalition negotiations, including leading members and the Knesset Speaker.
- The Court issued orders to show cause why coalition agreements connected to the formation of a government should not be published.
- The Attorney General supported a disclosure obligation as a matter of public law and urged publication when the government is presented to the Knesset with its policy guidelines.
- Political factions differed on scope and implementation, including whether disclosure should be mandated by the Court or left to legislation, and whether publication must be simultaneous across factions.

## Issues

1. Whether coalition agreements concluded by Knesset factions in connection with forming a government must be disclosed to the public and to Knesset members as a matter of public law.
2. Whether the duty to disclose arises from general constitutional-administrative principles (including fairness and the public-trustee role of elected officials) and a developing right of access to information.
3. When disclosure must occur in relation to the vote of confidence and the government’s presentation to the Knesset, and whether limited exceptions may apply.

## Decision

- The Court held that coalition agreements connected to the formation and functioning of the government must be made public.
- It recognized a legal duty of disclosure under public law for factions and elected office-holders who enter coalition agreements governing governmental policy, structure, and exercise of authority.
- The Court confirmed that both the public and Knesset members are entitled to access the content of coalition agreements to evaluate and decide upon the proposed government.
- The Court indicated that publication should occur at the time the government is presented to the Knesset for a confidence vote and announces its basic policy platform.

## Legal Principles

- Coalition agreements are not purely private political bargains; when they shape governmental policy, offices, and authority, they fall within the public-law sphere.
- Elected officials and factions negotiating coalition agreements act as trustees of the public interest and therefore bear heightened duties of candor and accountability.
- The duty to disclose flows from trustee status and the general obligation of public actors to act fairly and with integrity.
- Democracy requires continuing communication between electors and elected; meaningful electoral choice depends on access to information about governing commitments made through coalition agreements.
- Knesset members must have access to coalition agreements so that the confidence vote is cast with knowledge of the commitments binding the proposed government.
- Public disclosure of coalition agreements supports public confidence in government by aligning governmental formation practices with standards of fairness and integrity.

## Conclusion

The High Court required disclosure of coalition agreements as a matter of public law, treating them as governance-shaping instruments subject to transparency obligations grounded in trustee accountability, fairness, and the public’s and legislators’ right to information necessary for informed democratic control and parliamentary oversight.


Shalit v. Peres, HCJ 1601/90, 44(3) P.D. 353 (Isr. 1990)