The Frequent Changes to Israel’s Basic Laws
All too often the Knesset amends Israel's Basic Laws - how does this compare with other parliamentary democracies?
Recent Knesset assemblies have broken records with their frequent and repeated amendments to Basic Laws according to political whims. The most extreme such amendment was that regarding the “rotation government,” which constituted a fundamental change to the system of rule in Israel and was passed after just a few days of discussion and without affording a real opportunity to consider its implications. Yet, this was merely the culmination of a trend that has been going on for years, of incessant amendments relating to government powers, budgetary matters, the functions and powers of the Knesset itself, the electoral system, and more. This has been possible because in Israel, passing an amendment to a Basic Law requires no more than a simple majority in the Knesset (61 out of 120 Knesset members), and the procedure can even be completed via three readings in a single day. This situation, for which there is no precedent in any democratic state in the world, constantly endangers the country’s constitutional system and its citizens’ basic rights, carrying the threat that any momentary majority of 61 Knesset members can decide to overturn the entire system.
Amendments to Basic Laws Passed by the 25th Knesset
|
Law Name |
Description |
Date |
|
Amendment to the Basic Law: The Judiciary |
Abolishing the Standard of Reasonableness for the government and ministers |
July 2023 |
|
Amendment to the Basic Law: The State Economy |
Option for a "two-year" budget, but only following elections |
May 2023 |
|
Amendment to the Basic Law: The Government |
Amendment to the mechanism of incapacitation |
March 2023 |
|
Amendment to the Basic Law: The Knesset |
Expanding the Norwegian Law and adjustments related to the Norwegian Law mechanism |
January 2023 |
|
Amendment to the Basic Law: The Government |
‘Deri Law’ - Changes the eligibility definition of a minister, allowing individuals on parole to serve as ministers |
December 2022 |
|
Total |
|
5 amendments to Basic Laws during 8 months of an active Knesset |
Amendments to Basic Laws Passed by the 24th Knesset
|
Law Name |
Description |
Date |
|
Amendment to the Basic Law: The Government |
Changes in the mechanism of the government's replacement |
August 2021 |
|
Amendment to the Basic Law: The Knesset |
Expanding the Norwegian Law and changing the budget date to after the government is formed |
July 2021 |
|
Total |
|
2 amendments to Basic Laws during one year of an active Knesset assembly |
Amendments to Basic Laws passed by the 23rd Knesset
| Law and Amendment | Substance | Date | Comments |
| Basic Law: The State Economy – Amendment 11 | Budget “boxes” | Dec-20 | |
| Basic Law: The State Economy – Amendment 10 | Budget “boxes” | Sep-20 | |
| Basic Law: The Knesset – Amendment 50 | Prevented the Knesset being dissolved even though no budget had been passed after 100 days | Aug-20 | |
| Basic Law: The State Economy – Amendment 10 | Budget “boxes” | Jul-20 | |
| Basic Law: The Knesset – Amendment 49 | The “Norwegian Law” | Jun-20 | Substantial amendment that allowed the government to be formed |
| Basic Law: The Government – Amendment 8 | Rotation government | May-20 | Revolutionary amendment that altered the system of government in Israel |
| Total: | 6 amendments to Basic Laws during 7 months of an active Knesset assembly |
Amendments to Basic Laws and new Basic Laws passed by the 20th Knesset
| Law and Amendment | Substance | Date | Comments |
| Basic Law: Israel the Nation-State of the Jewish People | The “Nation-State” Law | Jul-18 | One of the most important basic laws, defining the state; can be considered a preamble to the constitution |
| Basic Law: The Government – Amendment 7 | Revoked the ability of the PM to take the country into war alone | Jul-18 | This amendment revoked a previous amendment, passed in May 2018 |
| Basic Law: The Government – Amendment 6 | Allowed the PM, in special circumstances, to take decisions alone that might lead to war | May-18 | The section on the prime minister was introduced at the last moment |
| Basic Law: The Knesset – Amendment 47 | Redefined the fitness to serve of Knesset members, regarding MKs convicted of a terror offense | May-18 | |
| Basic Law: The Government – Amendment 5 | Awarded ministerial powers to deputy ministers | Jan-18 | The “Litzman Law” was passed inside two days |
| Basic Law: Jerusalem the Capital of Israel – Amendment 2 | Changed definitions and required a special majority to make amendments | Jan-18 | |
| Basic Law: The Knesset – Amendment 46 | Amended section 7a regarding the disqualification of MKs “to include their pronouncements” | Mar-17 | |
| Basic Law: The State Economy – Amendment 9 | Procedural issues, the defense budget | Dec-16 | |
| Basic Law: The State Budget 2017–2018 | Two-year budget | Aug-16 | The High Court of Justice warned that it would strike down this Basic Law |
| Basic Law: The Knesset – Amendment 45 | Amendment regarding Knesset oversight of criminal legislation | ||
| Basic Law: The Knesset – Amendment 44 + | The “MK Dismissal Law” | Aug-16 | A significant amendment, making it possible for the Knesset to dismiss an MK with a large majority |
| Basic Law: The Knesset – Amendment 43 | Amendment regarding continuation of the term of the Knesset Speaker following elections | Jan-16 | This amendment had a large impact during the third round of elections, with regard to Yuli Edelstein |
| Basic Law: The Knesset – Amendment 42 | The “Norwegian Law” | Aug-15 | |
| Basic Law: The State Economy – Emergency Regulation | Regulations regarding the two-year budget | Jul-15 | |
| Basic Law: The Government – Amendment 3 | Allowed the service of ministers without portfolio and suspended the imposition of restrictions on the number of ministers | May-15 | |
| Total: | 15 (14 amendments and one new Basic Law) in approximately 4 years | ||
• 2000–2014: 36 amendments
• 1991–1999: 33 amendments
• 1948–1990: around 28 amendments and new laws
In 2021 there were two additional minor amendments to the Basic Law: Government and Basic Law: Knesset
Amendments to Basic Laws Around the World
United States
1789 constitution amended 27 times (most recently in 1992)
Finland
1999 constitution (replacing older constitutions) amended 4 times
Portugal
1976 constitution amended 7 times
Italy
1947 constitution amended 20 times
Ireland
1937 constitution amended 32 times
Denmark
1953 constitution (replacing older constitutions) never amended
Spain
1978 constitution amended 2 times
Greece
New constitution from 1975 amended 4 times
France
1953 constitution amended 24 times
Germany
1949 constitution amended 67 times