A Democracy Without a Constitution
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INTRODUCTION
Israel is one of very few democracies in the world—though not the only one—that does not have a formal, complete constitution. This fact leads to many questions about checks and balances, rights, responsibilities, and more. “A Democracy without a Constitution” offers an exploration of the makeup of the state, and explores the ongoing debates and deliberations around institutional responsibilities, including those of the Supreme Court, the Knesset, and the Government.
Israel has a unique relationship to constitutional law. Since its founding, the country has passed more than a dozen Basic Laws. These quasi-constitutional laws are not a formal, completed constitution but provide an interim framework meant to define the roles of state institutions and address other areas typically articulated in a constitution. This resource collection explores the roles, complexities, and controversies that arise as various state institutions strive to uphold Israeli democracy in the absence of an official, finalized constitution.
We encourage you to use this resource collection as befits your learners and setting. The whole collection can be used (all FAQs and Questions Being Asked), individual topics, or individual activities. Feel free to adapt, replace, or add to the resources to help them meet your needs.
The following two activities will introduce learners to themes and questions at the heart of this resource collection.
WHAT IS A CONSTITUTION?
Note to educator: This introductory discussion begins the process of thinking about key components of a democracy and whether or not a formal constitution is necessary.
Ask learners:
- What are some important features of a democracy?
Note to educator: Encourage learners to share anything that comes to mind. Some examples might include rights, equality, voting, checks and balances, branches of government, a constitution, etc
Next, ask:
- What is a constitution? (Allow learners to interpret the question however they choose and list their answers.)
- What is the purpose of a constitution? (If learners struggle with this formulation, you might ask: What is the purpose of the American constitution?)
Divide learners into smaller groups and ask them to create a list of five questions that they think a country’s constitution should address. Once this process is complete, reconvene to compare and contrast.
To conclude, ask:
- Do you think a constitution is necessary for a democracy?
Note to educator: Allow learners to share preliminary answers, but encourage them to continue grappling with this question as they engage with the other parts of “A Democracy without a Constitution.”
CONSTITUTION VS. BASIC LAWS
Note to educator: This activity transitions from general thinking about democracy towards an engagement with the specifics of Israeli democracy. It introduces learners to Israel’s unique—and sometimes controversial—style of constitutional law.
Begin by sharing the following excerpt from Israel’s Declaration of Independence:
- “We declare that, with effect from the moment of the termination of the Mandate being tonight, the eve of Sabbath, the 6th Iyar, 5708 (15th May, 1948), 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 the 1st 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.’”
Next, explain to learners that the Constituent Assembly and later the Knesset did not adopt a constitution by October 1st or thereafter. Political disagreements and the ongoing War of Independence made agreement about a constitution elusive. As a result, in 1950, the Knesset decided on a compromise: Israel’s constitution would be written in “chapters,” known as Basic Laws. The Knesset would pass these Basic Laws as an interim framework until a formal constitution was completed. (To learn about Basic Laws, have learners review the relevant questions in the FAQ: Basic Laws).
Ask learners:
- What do you think are the differences between Basic Laws and a constitution?
- What might be some of the problems with Basic Laws?
Note to educator: Some problems that you might choose to share with learners include: Basic Laws do not cover all constitutional issues; most Basic Laws can be passed, revised, and repealed with a simple majority; there is no deadline for the completion of the Israeli constitution; and the status of Basic Laws as constitutional (that is, supreme to other laws) and the authority of judicial review has been decided by the Supreme Court (not the Knesset).
Throughout “A Democracy without a Constitution,” learners will continue to grapple with the consequences of the Basic Law system for Israeli democracy and specific government institutions.
SUB-TOPICS INCLUDE:
BASIC LAWS
Israel’s Basic Laws define the responsibilities of numerous state institutions and government officials, outline the civil rights of citizens, and encapsulate the ethos of the country. But do they comprise a constitution?
KNESSET AND GOVERNMENT
The Knesset is Israel’s parliament, and its government is made up of a select number of Members of Knesset who oversee various state departments. How are these two bodies related and what do they do?
THE SUPREME COURT
The Supreme Court plays a unique role in Israeli democracy. Does the Court hold outsized, undemocratic powers? Or is it the ultimate protector of civil liberties, minority groups, and democracy itself?
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