Proposed Basic Law: The Right to Due Process

In this research, we review how the right to due process is currently protected in Israeli legislation and jurisprudence and explain why there is a vital need for a Basic Law that grants this right explicit constitutional status—in part, given the situation of legal proceedings in Israel, where protection of the right to due process is weak, and in light of its infringement in the past. We survey the history of the proposals for such a basic law and show how other countries have incorporated the right to due process in their constitutions. By way of conclusion, we consider what the Basic Law: The Right to Due Process should look like and propose its text.