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The Basic Laws of Israel (Template:Lang-he) are thirteen constitutional laws of the State of Israel, and some of them can only be changed by a supermajority vote in the Knesset (with varying requirements for different Basic Laws and sections). Many of these laws are based on the individual liberties that were outlined in the Israeli Declaration of Independence. The Basic Laws deal with the formation and role of the principal institutions of the state, and with the relations between the state's authorities. They also protect the country's civil rights, although some of these rights were earlier protected at common law by the Supreme Court of Israel. The Basic Law: Human Dignity and Liberty enjoys super-legal status, giving the Supreme Court the authority to disqualify any law contradicting it, as well as protection from Emergency Regulations.

The Basic Laws were intended to be draft chapters of a future Israeli constitution, which has been postponed since 1950; they act as a de facto constitution until their future incorporation into a formal, unitary, written constitution. Israel is one of 6 countries (along with Canada, New Zealand, San Marino, Saudi Arabia and the UK) that functions according to an uncodified constitution consisting of both material constitutional law (based upon cases and precedents), common law, and the provisions of these formal statutes.

Background

The State of Israel has an unwritten constitution. Instead of a formal written constitution, and in accordance with the Harari Decision (הַחְלָטַת הֲרָרִי‎) of 13 June 1950 adopted by the Israeli Constituent Assembly (the First Knesset), the State of Israel has enacted several Basic Laws of Israel dealing with government arrangements and with human rights. The Israeli Supreme Court President Aharon Barak ruled that the Basic Laws should be considered the state's constitution, and that became the common approach throughout his tenure (1995-2006). Opponents of this approach included Barak's colleague, Supreme Court Justice Mishael Cheshin.

According to Israel's Declaration of Independence of 14 May 1948, a constituent assembly should have prepared a constitution by 1 October 1948. The delay and the eventual decision on 13 June 1950 to legislate a constitution chapter by chapter, resulted primarily from the inability of different groups in Israeli society to agree on the purpose of the state, on the state's identity, and on a long-term vision. Another factor was the opposition of David Ben-Gurion (Prime Minister 1948-1954 and 1955-1963).

Various bodies in Israel have called for the enactment of a formal constitution as a single document, and have submitted ideas and drafts for consideration.

The Israeli Declaration of Independence stated that a formal constitution would be formulated and adopted no later than 1 October 1948. The deadline set in the declaration of independence proved unrealistic in light of the war between the new state and its Arab neighbors. General elections eventually took place on 25 January 1949 in order to elect a Constituent Assembly which would approve the new state's constitution. The Constituent Assembly convened in February 1949. It held several discussions about the constitution without reaching an agreement.

For a number of reasons, Israel's first Prime Minister, David Ben-Gurion, did not wish to develop a constitution. After only four meetings, the Constituent Assembly adopted on 16 February 1949 the Transition Law, by which means it became the "First Knesset". Because the Constituent Assembly did not prepare a constitution for Israel, the Knesset is the heir of the Assembly for the purpose of fulfilling this function.

The Basic Laws do not cover all constitutional issues, and there is no deadline set for the completion of the process of merging them into one comprehensive constitution. There is no clear rule determining the precedence of Basic Laws over regular legislation, and in many cases such issues are left to interpretation by the judicial system.

The Harari Decision

In 1950 the First Knesset came to what was called the Harari Decision. Rather than draft a full constitution immediately, they would postpone the work, charging the Knesset's Constitution, Law, and Justice Committee with drafting the document piecemeal. Each chapter would be called a Basic Law, and when all had been written they would be compiled into a complete constitution.

Between 1958 and 1988 the Knesset passed nine Basic Laws, all of which pertained to the institutions of state. In 1992 the Knesset passed the first two Basic Laws that related to human rights and to the basis of the Supreme Court's recently declared powers of judicial review. These are "Basic Law: Human Dignity and Liberty" and "Basic Law: Freedom of Occupation". These were passed by votes of 32–21 and 23–0 respectively.

In 1992 Aharon Barak, President of the Supreme Court (equivalent to Chief Justice of the United States), declared a "constitutional revolution" and attached constitutional ascendancy to the Basic Laws of Israel.

Procedure for amendment

The Knesset enjoys de jure parliamentary supremacy and can pass any law by a simple majority, even one that might arguably conflict with a Basic Laws of Israel, unless the basic law has specific conditions for its modification. Basic laws that include specific conditions include the following:

• Article 4 of the Basic Law of the Knesset, on the electoral system, can be amended only by a majority of 61 of the 120 Knesset members.
• Article 44, which prevents the amendment of the law by an Emergency Regulation, can be amended only by a majority of 80 members.

A majority of the Knesset members can amend the Basic Laws on the government and on freedom of occupation.

List of the Basic Laws of Israel

See also

• Israeli nationality law
• Land and Property laws in Israel
• Law of Israel
• Law of Return

References

1. "Basic Laws". knesset.gov.il. Retrieved 16 June 2018.
2. Gross, Aeyal (1998). "The Politics of Rights in Israeli Constitutional Law". Israel Studies. 3 (2): 80–118.
3. "Q&A on the Override Clause". en.idi.org.il. Retrieved 22 August 2018.
4. "Basic Law: Human Dignity and Liberty". Retrieved 3 January 2014.
5. Gavison, Ruth (1985). "The Controversy over Israel's Bill of Rights". Israel Yearbook of Human Rights. 15: 113–154.
6. Dorner, Dalia (1999). "Does Israel Have a Constitution?". Saint Louis University Law Journal. 43: 1325–1366.
7. ^ English translation of CA 6821/93 United Mizrahi Bank v. Migdal Cooperative Village
8. Orit Rozin "Forming a Collective Identity: The Debate over the Proposed Constitution, 1948–1950", Journal of Israeli History 26 (2), 2007, p. 251.
9. "Declaration of Establishment of State of Israel". Mfa.gov.il. 14 May 1948. Retrieved 7 February 2020. until the establishment of the elected, regular authorities of the State in accordance with the Constitution which shall be adopted by the Elected Constituent Assembly not later than 1 October 1948, the People's Council shall act as a Provisional Council of State, and its executive organ, the People's Administration, shall be the Provisional Government of the Jewish State, to be called "Israel".
10. "Israel's Documented Story: Who Needs a Constitution?". Israelsdocuments.blogspot.com.au. 25 April 2013. Retrieved 19 May 2015.
11. ^ "The Constituent Assembly". Knesset.gov.il. Retrieved 24 April 2012.
12. ^ "Israel's Supreme Court & the Power of Judicial Review". Jewishvirtuallibrary.org. Retrieved 7 May 2017. Basic laws functioning as a constitution.
13. "Basic Laws - Introduction". The Knesset. 2016. Retrieved 7 May 2017.
14. Harkov, Lahav (12 March 2014). "Knesset passes first Basic Law in 22 years: Referendum on land concessions". The Jerusalem Post. Retrieved 22 June 2015.
15. Harkov, Lahav (12 February 2014). "Bill reinforcing referendum on peace talks moves toward final vote". The Jerusalem Post. Retrieved 19 May 2015.
16. Wootliff, Raoul (18 July 2018). "Israel passes Jewish state law, enshrining 'national home of the Jewish people'". The Times of Israel. Retrieved 18 July 2018.
17. name="SOI-180719">"Full text of Basic Law: Israel as the Nation-State of the Jewish People" (PDF). The Knesset: Laws. State of Israel. Retrieved 9 August 2018.

Other sources

• Cohen, Asher; Bernard Susser (2000). Israel and the Politics of Jewish Identity: The Secular-Religious Impasse. Johns Hopkins University Press. ISBN 978-0801863455.
• Jacobsohn, Gary J. (1994). Apple of Gold: Constitutionalism in Israel and the United States. Princeton University Press. ISBN 978-0691029535.
• Mazie, Steven V (2006). Israel's Higher Law: Religion and Liberal Democracy in the Jewish State. Lexington Books. ISBN 978-0739114858.
• The Existing Basic Laws: Full Texts (English), the Knesset (Israeli Parliament) website, official translations - NOTE: The 1968 Basic Law: the Government translation is missing provisions, probably amendments added later on. As opposed to the 1968 and 2001 basic Law: the Government translations, the 1992 Basic Law: the Government uses the term "Acting PM" to refer to an "Interim Prime Minister" as well. The 2001 Law, which is in effect, present all provision in the translation, however, there are some lines missing. It is recommended to use the Hebrew laws official publications in the Knesset website.

External links

• Basic Laws Knesset website. Introduction and summaries
• Basic Laws Knesset website. List with links to full texts
• The Constitution Knesset website, 2007. Explains why there isn't a constitution
• Constitution for Israel Knesset website, 2014. Project portal for the drafting of a constitution.

v t e Basic Laws of Israel
The Knesset Israel Lands The President of the State The Government The State Economy The Military Jerusalem Law The Judiciary The State Comptroller Human Dignity and Liberty Freedom of Occupation Referendum Israel as the Nation-State of the Jewish People

• Basic Laws of Israel
• Government of Israel
• Politics of Israel