Cover page for Israeli Constitution draft proposed by the Institute for Zionist Strategies

There is no Constitution of Israel. Instead of a formal written constitution and in accordance with the 1948 Harari Decision (החלטת הררי) adopted during the Israeli Constituent Assembly, the State of Israel has enacted several Basic Laws of Israel dealing with the government arrangements and human rights. The Israeli Supreme Court President Aharon Barak ruled that the Basic Laws should be considered the state's constitution, and that has become the common approach throughout his tenure. Opponents of this approach include Barak's colleague, Judge of the Supreme Court Mishael Cheshin[clarification needed].

According to Israel’s proclamation of independence a constituent assembly should have prepared a constitution by October, 1, 1948. The delay and the eventual decision June 13, 1950 that the constitution is to be legislated chapter by chapter, resulted primarily from the inability of the different groups that were to make the Israeli society to agree on the purpose of the state, the state’s identity, and its long term vision. Another factor was the opposition of David Ben Gurion himself.[1]

Various bodies in Israel have called for the enactment of a formal constitution to be contained in one document, and have submitted ideas and drafts for consideration.

References

  1. ^ Orit Rozin "Forming a Collective Identity: The Debate over the Proposed Constitution, 1948-1950", Journal of Israeli History 26 (2), 2007, p. 251.