FAQ: Basic Laws
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Why Do They Exist and What Do They Do?
DEFINING BASIC LAWS
What are Basic Laws?
Basic Laws are meant to define the core responsibilities of state institutions and officials, outline the civil rights and liberties of citizens, and encapsulate the values and ethos of the country—similar to a constitution. Basic Laws are not an Israeli invention. In a few countries where formal, complete constitutions do not exist, such as the United Kingdom (the influence for much of Israel’s legal system), Basic Laws or similar mechanisms are used as a substitute.
What are Israel’s Basic Laws? What do they prescribe and achieve?
Israel has 13 quasi-constitutional Basic Laws. The earlier Basic Laws dealt with the formation and function of institutions of the state. In the 1990s, two Basic Laws addressing human and civil rights were passed. The 14 Basic Laws are listed below, along with the year they were enacted. For a short synopsis of each Basic Law, see here.
- 1958 (updated 1987): The Knesset
- 1960: Israel Lands
- 1964: The President of the State
- 1968, 2001: The Government
- 1975: The State Economy
- 1976: The Military
- 1980: Jerusalem Law
- 1984: The Judiciary
- 1988: The State Comptroller
- 1992: Human Dignity and Liberty
- 1994: Freedom of Occupation
- 2014: Referendum
- 2018: Nation-State
How are Basic Laws passed?
Basic Laws are passed by a simple majority of present and voting members of Knesset (that is, if 20 members of the 120-person Knesset are present and cast votes, 11 votes in support are needed). Amendments are not uncommon; four were passed in 2023 alone and the Knesset has passed 125 amendments since the first Basic Law was enacted in 1958. Amendments can require either a simple majority or an absolute majority of 61 MKs, depending on how the original Basic Law was written.
Are Basic Laws different from other laws in Israel?
The only legislative feature that distinguishes a Basic Law from any other law is that it is called a Basic Law. However, since the 1990s, Basic Laws have been interpreted by the Supreme Court as carrying constitutional authority superior to other laws—that is, if an ordinary law contradicts a Basic Law, then that normal law is struck down and deemed “unconstitutional.”
HISTORY OF BASIC LAWS
Why doesn’t Israel have a constitution?
Israel’s Declaration of Independence called for the adoption of a constitution by October 1, 1948. However, fierce debates over the content of the constitution as well as the merits of writing a constitution at all ensued between various political factions in the first months of Israel’s independence. Ultimately, a compromise was reached, known as the Harari Resolution.
What is the Harari Resolution?
The Knesset passed the Harari Resolution in 1950 as a compromise between the pro-constitution and anti-constitution camps. Often described as the “decision not to decide,” the resolution reads: “The First Knesset charges the Constitution, Law, and Justice Committee [of the Knesset] with the preparation of a proposed constitution for the State. The constitution will be composed of chapters, each comprising a single Basic Law unto itself. The chapters will be brought before the Knesset and… together will constitute the Constitution of the State.” No timeframe was given for the completion of the constitution, neither was the constitutional status of the individual Basic Laws clarified.
