- Related Topics:
- Israel
- Constitutional law
basic law
-
What is a basic law in Israel?
Basic laws in Israel serve as guiding principles for the government. They originated as a political compromise when the Knesset (legislative body) couldn't agree on a full constitution after Israel's independence in 1948.
Instead, they adopted the "Harari proposal" in 1950, drafting the constitution chapter by chapter. These chapters are enacted as basic laws through the regular legislative process.
Examples of basic laws:
* The Knesset
* Israel Lands
* The President of the State
* The Government
* The State Economy
* The Military
* Jerusalem, the Capital of Israel
* The Judiciary
* The State Comptroller
* Freedom of Occupation
* Human Dignity and Liberty
* Referendum
* IsraelâThe Nation State of the Jewish People1 Britannica SourceCreated from Britannica articles using AI. AI can make mistakes, so verify using Britannica articles. -
Why does Israel have basic laws instead of a single written constitution?
Israel does not have a single formal written constitution because of a political compromise after its independence in 1948. The Knesset (Israel's legislative body) could not agree on a draft constitution, so they adopted the "Harari proposal" in 1950.
Instead of a constitution, Israel has basic laws that are intended to serve as guiding principles. These laws are drafted chapter by chapter and then compiled into a formal document. The Knesset enacts these laws through the regular legislative process, requiring a simple majority of votes. Some basic laws have clauses that require a supermajority to amend or repeal them, and most cannot be altered by emergency regulations.
Basic laws define the structure and operation of the government. They also delimit the government's powers to secure fundamental rights. The High Court of Justice has the power to strike down ordinary statutes that contradict basic laws.
4 Britannica SourcesCreated from Britannica articles using AI. AI can make mistakes, so verify using Britannica articles. -
What does the Basic Law: The Government explain about how Israel is governed?
Israel does not have a formal, written constitution. Instead, a series of basic laws serve as guiding principles. The Basic Law: The Government specifies how a prime minister is selected and how a government is formed. The Knesset, Israel's legislative body with 120 members, is elected every four years and is a key part of the parliamentary system. The president, as head of state, mainly performs ceremonial duties but can appoint important officials. The state comptroller, an independent officer, audits the government's finances and ensures the efficiency of its activities. These laws can be amended or repealed by a simple majority, although some have clauses requiring a supermajority.
3 Britannica SourcesCreated from Britannica articles using AI. AI can make mistakes, so verify using Britannica articles. -
How is the Prime Minister chosen according to the Basic Law?
Israel does not have a formal, written constitution. Instead, its system of government is founded on a series of basic laws. The prime minister is the head of government and is entrusted with the task of forming the cabinet, which is the governmentâs main policy-making and executive body.
The Knesset is a unicameral parliament consisting of 120 members elected every four years using proportional representation. The prime minister-elect then names the cabinet, which requires a vote of confidence from the Knesset to exist.
5 Britannica SourcesCreated from Britannica articles using AI. AI can make mistakes, so verify using Britannica articles. -
What powers and responsibilities does the Israeli government have under the Basic Law?
The Basic Laws of Israel serve as guiding principles for the government, in the absence of a formal written constitution. Adopted chapter by chapter by the Knesset (legislative body), these laws address various aspects of governance.
Key powers and responsibilities defined in the Basic Laws include:
* Determining the structure and function of the Knesset, including the number of seats, election processes, and membership qualifications
* Defining the role, election process, and residency of the president
* Specifying the process for selecting a prime minister and forming a government
* Providing a framework for taxation, financial transactions, and budget creation
* Defining the status of the Israel Defense Forces (IDF) and its relationship to the state
* Specifying judicial institutions, their authority, and their relationship to the state
* Defining the powers, duties, and election process for the state comptroller
* Guaranteeing freedom of occupation and enumerating personal rights such as the rights to life, property, and privacy2 Britannica SourcesCreated from Britannica articles using AI. AI can make mistakes, so verify using Britannica articles. -
How can the Basic Law: The Government be changed or amended?
In Israel, Basic Laws can be amended or repealed through the regular legislative process, requiring a simple majority of Knesset votes. However, some provisions have "quasi-permanence," needing a supermajority to counter them. Most Basic Laws specify they cannot be altered by emergency regulations. The Knesset, Israel's legislative body, follows procedural rules similar to those of the British House of Commons.
5 Britannica SourcesCreated from Britannica articles using AI. AI can make mistakes, so verify using Britannica articles.
basic law, in Israel, any of several laws intended to serve as a guiding principle of government.
As a concept, the basic law originated as a political compromise among Israelâs early political actors. After the countryâs independence in 1948, its legislative body, the Knesset, was unable to agree on a draft constitution. On June 13, 1950, it adopted the âHarari proposalâ (named after the contemporary member of the Knesset Yizhar Harari), by which the constitution would be indefinitely drafted chapter by chapter and later compiled into a formal document. These chapters were enacted through the regular legislative process, passed in the same manner as other legislation and with a simple majority of Knesset votes. Although basic laws can likewise be amended or repealed by a simple majority, quasi-permanence has been inscribed into some basic law provisions by requiring a supermajority for the Knesset to act counter to the provision. Most basic laws have provisions specifying that they cannot be altered by emergency regulations.
It remains ambiguous whether basic laws are intended to supersede other laws. However, they are treated that way in Israelâs judicial system: In United Mizrahi Bank v. Migdal (1995) the High Court of Justice ruled that the court has the power to strike down ordinary statutes that contradict any of the basic laws.
Israelâs basic laws are summarized as follows:
- The Knesset (1958; amended in 1959, 1967, 1974, 1980, 1981, 1985, and 1987): determines the number of seats of the legislative body, the process for the election of its members, and the qualifications for membership and specifies that its seat shall be in Jerusalem
- Israel Lands (1960): prohibits the transfer of state land to private ownership except as explicitly allowed by the Knesset
- The President of the State (1964): defines the role of the head of state and the process for election to the office by the Knesset and specifies that the presidentâs residence shall be located in Jerusalem
- The Government (1968; amended in 1973, 1979, 1981, and 1984; replaced in 1992 and 2001): specifies the process for selecting a prime minister and forming a government
- The State Economy (1975; amended in 1982 and 1983): provides a framework for taxation, conducting transactions, and creating a budget
- The Military (1976): defines the status of the Israel Defense Forces (IDF) as the sole armed force and its relation to the state
- Jerusalem, the Capital of Israel (1980; amended in 2000 and 2018): grants state recognition of Jerusalem, âcomplete and united,â as the countryâs capital and the seat of government
- The Judiciary (1984; amended in 2023): specifies judicial institutions, their authority, and their appointment and relation to the state and that the High Court of Justice shall be located in Jerusalem
- The State Comptroller (1988): deals with the powers, duties, and election by the Knesset of the state comptroller as ombudsman
- Freedom of Occupation (1992; replaced in 1994): guarantees the freedom to engage in any occupation, profession, or trade
- Human Dignity and Liberty (1992; amended in 1994): enumerates several personal rights, including rights to life, property, entering and leaving Israel, and privacy and intimacy
- Referendum (2014): specifies that any decision made by the government to withdraw from territory shall be put to referendum
- IsraelâThe Nation State of the Jewish People (2018): defines Israel as the nation-state of the Jewish people, affirms certain national symbols and holidays, reaffirms âcomplete and unitedâ Jerusalem as the capital, and guarantees support for immigration from the Diaspora
- Torah Study (2026): states that Torah study is a fundamental value in the heritage of the Jewish people and in the State of Israel
Some basic laws have generated significant controversy. The 1980 basic law on Jerusalem coincided with the annexation of East Jerusalem, an area predominantly populated by Palestinians and considered by most of the international community to be occupied territory. The 2018 basic law defining Israel as the nation-state of the Jewish people was seen by some observers as undermining the rights of non-Jewish citizens of Israel, who make up more than one-fourth of the population. In 2023 a plan by the governing coalition to amend the basic law on the judiciary and subject it to legislative oversight led to unrest, including massive protests and nationwide strikes. In advance of the 2026 Israeli elections, in which the long-standing exemption of ultra-Orthodox Jews from military service in order to study Torah became one of the most pressing political issues, the governing coalition hastily passed a basic law stating that Torah study is a fundamental value of the state.

" height="20" alt="HEW Logo">