Basic Laws

In the second part of this two-part episode, Jack Omer-Jackman speaks to renowned Israeli legal scholar and IDI expert Professor Yuval Shany to discuss the Supreme Court’s upcoming deliberations on the legislation annulling reasonability; the significance of basic laws; the impact of reservists’ protests on Israel’s military preparedness and the role of a citizen army in a democracy.

In the first part of this two-part episode, Jack Omer-Jackman speaks to renowned Israeli legal scholar and IDI expert Professor Yuval Shany to discuss the Supreme Court’s upcoming deliberations on the legislation annulling reasonability; the significance of basic laws; the impact of reservists’ protests on Israel’s military preparedness and the role of a citizen army in a democracy.

All too often the Knesset amends Israel's Basic Laws - how does this compare with other parliamentary democracies?

IDI is currently in the process of composing a revised proposal for a full constitutional arrangement for the State of Israel as it marks 75 years of independence.

Israel Democracy Institute researchers welcome the move to anchor the right to equality in a Basic Law, and note the urgent need for this step, particularly in light of the Nation-State Law. At the same time, the researchers also recommend a series of amendments to the bill.

A bill to include the right to equality in Israel's Basic Laws recently passed a preliminary reading in the Knesset. This is a much-needed amendment to an existing law, which would provide Israelis with legal provision that exists in the constitution of all democratic countries.

The proposal promotes personal and political interests, strikes a severe blow to the public’s trust in democracy and to elected officials’ obligation to act with integrity

We should simultaneously define Israel as the nation state of the Jewish people and at the same time---the state and home of all its citizens.

The monthly Peace Index of the Israel Democracy Institute and Tel Aviv University, published today, finds that: only 52% of Jewish Israelis think it was important to pass the Nation-State law at this time.

How can Israel - a light to the nations, and homeland for the Jewish People, fail to embrace equality for all, alongside commitment to the diaspora?

A recent Knesset bill that would introduce the death sentence for terror-related murder in Israel has broken the decades of relative silence on the matter. 

While in Israel there is no formal constitution, freedom of expression is inherent in our Basic Laws. Yet a recent episode between the Israeli government and the foreign press placed Israel in a problematic light and was neither democratic nor right.

IDI Research Fellow Yair Sheleg outlines four steps that can allay fears, contribute to dialogue, combat hatred, and improve relations between Jews and Arabs in Israel

IDI researcher Dr. Amir Fuchs criticizes the proposed Basic Law that would establish Israel as the nation state of the Jewish people and recommends accepting Israel's Declaration of Independence as the preamble to Israel's future Constitution instead.

A summary of a legal opinion on a proposed amendment to Basic Law: The Knesset that was submitted by Prof. Mordechai Kremnitzer and Dr. Amir Fuchs to the Ministerial Committee on Legislative Affairs.

Dr. Amir Fuchs discusses the Israeli High Court of Justice's decision to uphold the "Admissions Committees Law," which allows small communities to reject applicants due to a lack of social suitability. 

Rabbi Dr. Benjamin Lau shares thoughts on the tension between Judaism and democracy, in response to the public protests against the marriage of a Jewish woman who converted to Islam and an Israeli Arab. 

In an article in <em>The Times of Israel</em>, Attorney Amir Fuchs argues that legislation that would give judges the authority to sentence murderers to life in prison with no possibility of pardon is misguided and will not prevent terrorists from being released in future prisoner exchanges.

Prof. Mordechai Kremnitzer and Attorney Amir Fuchs assert that the only way to guarantee Israel's existence as a Jewish and democratic state is not through a Basic Law that defining Israel as the nation state of the Jewish people but through a Constitution. 

Prof. Mordechai Kremnitzer and Attorney Amir Fuchs assert that the only way to guarantee Israel's existence as a Jewish and democratic state is not through a Basic Law that defining Israel as the nation state of the Jewish people but through a Constitution. 

On June 4, 2014, IDI experts Prof. Mordechai Kremnitzer and Attorney Amir Fuchs submitted a legal opinion to the Ministerial Committee on Legislation stating their concerns about the proposed Basic Law: Israel as the Nation State of the Jewish People. A full translation of this legal opinion can be found below.

A legal opinion opposing the proposed Basic Law: Israel as the Nation State of the Jewish People, which was submitted by IDI Vice President Prof. Mordechai Kremnitzer and Attorney Amir Fuchs to the Ministerial Committee on Legislation on June 4, 2014.

In an article in the Hebrew weekly <em>Makor Rishon</em>, Prof. Mordechai Kremnitzer and Attorney Amir Fuchs argue against the current initiative to pass Basic Law: Israel as the Nation State of the Jewish People, which they see as divisive and problematic.

IDI researcher Attorney Amir Fuchs asserts that the only way for Israel to ensure good governance is by adopting a constitution.

Dr. Dana Blander draws on the findings of Israeli public opinion polls and explores some of the ramifications of the new Basic Law: Referendum, a law that establishes a system in which every citizen is entitled to participate in historic decisions on withdrawal from territory.

IDI Researcher Attorney Amir Fuchs discusses two indirect threats to human rights in Israel: attacks on the Israeli Supreme Court and attacks against Israeli human rights organizations.

In honor of International Day for Persons with Disabilities, Rabbi Dr. Benjamin (Benny) Lau updates us on IDI's efforts on behalf of people with disabilities and reveals that people with guide dogs are now allowed to access the Western Wall.

In an op-ed in Haaretz, IDI Researcher Attorney Amir Fuchs warns that the proposed Basic Law: Israel as the Nation State of the Jewish People is not only anti-democratic but also undermines the foundations of Zionism.

In an op-ed originally published in Maariv, Prof. Mordechai Kremnitzer and Attorney Amir Fuchs warn that the Basic Law: Israel as the Nation State of the Jewish People would undercut the balance between the "Jewish" and "democratic" nature of the State of Israel.

On December 4, 2012, the Israeli Supreme Court heard a petition arguing that the “Admissions Committee Law” is discriminatory and unconstitutional. Attorney Amir Fuchs explains why he sees this law as an insult to Israel's democracy.

IDI Vice President Prof. Mordechai Kremnitzer and Adv. Amir Fuchs analyze the proposed legislation that would allow the Knesset to reinstate laws that have been struck down by the Israeli High Court and warn of a threat to judicial review and civil liberties.

According to Israel's Basic Law, following general elections the president appoints a Knesset Member to form the new government. In the wake of the 2009 Israeli general election, Benjamin Netanyahu was chosen – even though he did not lead the largest party. Dr. Dana Blander proposes the establishment of a clear set of rules which would automatically give the leader of the largest party the power to form the incoming government, obviating ambiguity surrounding the selection process of the Prime Minister.

On December 27th, 2008, just weeks before the scheduled general elections, the IDF launched a large scale military operation in the Gaza Strip. Should elections be postponed because of war or should they be held as scheduled? IDI researcher Dr. Dana Blander discusses this question from an historical-legal perspective, drawing on Israeli historical precedents and the experiences of other democracies.

Barak Cohen discusses how Israel's lack of a constitution manifests itself today as unanswered fundamental questions of seemingly irreconcilable identities. The steps of progress and maturity have to consist of compromises and rationality.

The problem with the Nation-State Basic Law is what it fails to mention - equality! Thus excluding Israel’s minorities who call the country home.

Israel is the only democracy whose constitution or basic laws omit all mention of the right to equality –leaving a gaping hole that must be filled.

A state that is proud of its identity has nothing to fear from granting all its citizens equality.

Israelis must unite around a balanced arrangement that asserts that Israel is the nation-state of the Jewish people that guarantees equality for all its citizens.

If Israel was founded as the state of the Jewish people, why is a nation-state law so problematic, having already toppled one government? 

Leaders of the Israel Democracy Institute call for alternative proposal that would place nation-state of the Jewish people on equal footing with democratic obligation to equality for all Israeli citizens.