Project Director: Avram Heilman, Constitution for Israel Project Director of Content & Development: Shira Steinitz, Director of Educational Development, Melitz Written by: Matt Plenn Steering Committee: Menachem Revivi - Israeli American Jewish Forum Shira Steinitz- Melitz - Centers for Jewish- Zionist Education Avram D. Heilman - Constitution for Israel Project Professional Consulting and Support: Prof. Steven M. Cohen, The Hebrew University, Jerusalem The Project for Implementation of the Gavison-Medan Covenant Editorial Board: Dov Rabinowitz, Stephanie Pell, Julian Furman or Jewish-Z rs F io te ni n st e E C d z t u i c l a e t i o M n י נ יו מ צ לי י- " וד ץ מ יה כונים לחינוך Constitution for Israel Project Material by c/o Constitution, Law, and Justice Committee Melitz - Centers for Jewish Zionist Education The Knesset, 2 Kaplan St., Israel’s leading provider of Jewish-Zionist informal Kiryat Ben Gurion, Jerusalem educational services www.cfisrael.org [email protected] Jerusalem, Tel: +972-2-6216103 fax: +972-2-675-3369 www.melitz.org.il The cost of producing these materials was underwritten by the Lillian & Martin Steinberg Center in Israel, in cooperation with the American Jewish Congress. The views expressed in these materials are not necessarily those of AJCongress or the Martin Steinberg Trust. (c) 2005 Constitution for Israel, Israeli American Jewish Forum. All rights reserved. Constitution for Israel A JOINT PROJECT OF THE KNESSET AND THE JEWISH AGENCY FOR ISRAEL PRESENTED BY THE ISRAELI AMERICAN JEWISH FORUM Religion & State The Law of Return A Guided Dialogue Constitution for Israel A Joint Project of the Knesset and the Jewish Agency for Israel Operated in North America by the Israel-America Jewish Forum In May 2003, the Constitution, Law and Justice Committee took on the task of writing a proposal for a full constitution for Israel based on broad consensus. The Committee and the Jewish Agency for Israel agree that since Israel is the democratic state of the Jewish people, it is highly appropriate to bring World Jewry to this table. We invite the input of the Jewish community on those constitutional issues that they find most relevant. The Constitutional process has already come farther than it ever has in Israel’s history and enjoys strong support from both the left and the right. World Jewish participation will not only enrich this process; it constitutes an historic collaborative effort between Israel and the Diaspora that promises to strengthen avenues of communication between Israel and Diaspora Jewry. I look forward to developing this unique opportunity for Israel and world Jewry to enter into a dialogue regarding critical issues that will continue to impact the Jewish people for years to come. Sincerely,Sincerely, MK Michael Eitan Chairman of the Constitution, Law and Justice Committee On behalf of the Israeli American Jewish Forum, we welcome your participation in this historic opportunity as we enter into a dialogue with the Constitution, Law, and Justice Committee. As they draft a Constitution for the State of Israel, we have been invited to share our views on a variety of relevant issues and we know that format will prove to be both enlightening and stimulating. Thank you for your input in this exciting and momentous partnership. All the best, Marvin Lender and Dan Meridor INTRODUCTION How to use this kit: The “Constitution for Israel” discussion kits address some • Photocopy the necessary source materials from the kit of the main constitutional issues being debated by Israelis for distribution to the group. and Members of Knesset. These kits will guide you in the • Be sure to photocopy and distribute the subject study of several central issues, and provide background introductions (pages 6 - 7 for religion and state, or information to aid you in coming to informed opinions and pages 16 - 17 for Law of Return). You might consider developing proposals to resolve some of these problems emailing the relevant introductions to discussion in the framework of a constitution for Israel. participants to review before the meeting. They are available at http://www.cfisrael.org/kit_intros.html. • Photocopy the survey sheet for distribution to This kit contains material for 4 meetings: two on participants. religion and state and two on the Law of Return). For each • Direct participants to www.cfisrael.org, where they subject, the first meeting (or “unit”) is educational and the can find some more introductory materials to prepare second more pragmatic. A unit should take approximately for the discussion. 60-90 minutes to run, and contains all texts, questions and talking points necessary for a successful session. Each subject ends with a survey form for participants, and After meetings: a more substantial facilitator’s feedback forum, which will • be used to convey your group’s opinions, conclusions, and Set aside 5 minutes at the end of the meeting for recommendations to the Constitution, Law, and Justice participants to fill out the survey, then collect the sheets Committee of the Knesset. The Committee will consider and send the results to the CFI office. The address is Introduction your responses in the course of its debates on these topics on the back of this kit. • in the Knesset. Take careful notes on the group’s dynamic and conclusions, according to the instructions in your feedback form. Return this form by mail, fax, or email Before meetings: to the address on the back of this kit. • Read through the entire kit (especially the “Facilitator’s feedback form!), and familiarize yourself with its structure. • Remove the 4-page insert at the center of this kit. This is a useful “map” of the discussion Israel’s Constitutional History: WE HEREBY 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), and 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 National Council shall act as a Provisional Council of State, and its executive organ ... shall be the Provisional Government of the Jewish State, to be called "Israel". Proclamation of Independence of Israel Israel’s first elections were not to the Knesset; there Supreme Court’s interpretation of the constitutional was no such thing. Instead voters chose representatives situation, these laws had no greater status than ordinary to the Constituent Assembly, that body charged in the laws, and thus new laws were held to supercede old ones, declaration of Independence with drafting a constitution even if a new law – passed, for instance, by a 3-2 majority by October 1, 1948. That assembly’s very first act, in plenum – contradicted a Basic Law of the State. however, would delay its raison d’être indefinitely. This is no longer true. In 1992, the Knesset adopted two Within two days of its election, the Constituent assembly new Basic Laws concerning human rights (Freedom of had disbanded and reformed itself as the first Knesset. Occupation, and Human Dignity and Liberty) which After protracted debate, the first Knesset decided to included a novel “limitations clause,” borrowed from the delay writing a full constitution, citing immediate and Canadian Charter, which explicitly prevented other laws pressing threats to Israel’s existence, an inability to from infringing on their rights. These laws, which would bridge the religions-secular divide, and the impropriety fundamentally change the legal and political landscape in of drafting a constitution for the Jewish state before world Israel, were passed shortly before elections in a mostly- Jewry had had a chance to make Aliyah. The decision to empty Knesset. Basic Law: Human Dignity and Liberty delay, called the Harrari Decision after its initiator, MK passed by a vote of 32-21, with 67 MKs absent; its sister, Harrari, called for The Constitution, Law and Justice Basic Law: Freedom of Occupation, was passed 23-0. Committee to prepare a draft State Constitution. The constitution will be built chapter by chapter, in such In 1995, the Supreme Court made a historic decision in a way that each will constitute a separate Basic Law. which it established a hierarchy, putting Basic laws on The chapters shall be presented to the Knesset when top and establishing the practice of Judicial review of the committee completes its work, and all the chapters statutes. What this meant was that the Supreme Court together shall comprise the Constitution of the State. had called the eleven basic laws drafted over some 45 Introduction There was no hurry, and it took almost ten years for the first years a constitution, and granted itself the power to strike Basic Law to be passed. Since then, subsequent Knessets down new legislation which contradicted any basic law. have enacted a total of eleven Basic Laws, dealing With this “constitutional revolution,” the court created a mostly with the structure and powers of the governing constitution, unbeknownst to the vast majority of Israelis bodies and, most recently, certain basic civil rights. and the world. The Constitutional Revolution: Or, how the Supreme This revolution has had its positive and negative Court acquired the power of Judicial Review in the ramifications. Israel’s system of law and basic principles absence of a constitution. are stabilized by a “constitution,” but the text is incomplete and unknown to the public. The Bill of rights in the basic Until 1995, it was not clear that the basic laws enjoyed laws is unfinished,and the issues of Israel as the state of the any constitutional supremacy. According to the Israeli Jewish people and its fundamental principles are almost ignored.