Since the Constituent Assembly and the First Knesset have not been able to draft a constitution, the Knesset has promulgated basic laws on various subjects. Israel`s Twelfth Basic Law was passed by the Eighteenth Knesset on April 7, 2009. This law was promulgated in 2009 as a temporary regulation for the years 2009 and 2010 and later extended to the years 2011 and 2012, then to 2013 and 2014 as a special regulation. The law stipulates that during these years, the state budget is approved semi-annually. The status of this law will finally be decided after the reconstitution of the Knesset after the March 2015 elections. As the Constituent Assembly and the First Knesset were unable to draft a constitution, the Knesset came to enact basic laws on various issues. Israel`s Second Basic Law was passed by the Fourth Knesset on July 25, 1960. The basis of the law is the special relationship between the people of Israel and the Land of Israel and their redemption. The law guarantees that state-owned land, which accounts for about 90 percent of the land in Israel, must remain nationally owned. The law prohibits the transfer of ownership of land belonging to the state, development agency or Jewish National Fund, whether by sale or otherwise, except for the types of land or transactions specified in the law. The Knesset enjoys de jure parliamentary supremacy and can pass any law by a simple majority, although it could conflict with an Israeli Basic Law, unless the Basic Law has specific conditions for its amendment. Among the basic laws that contain specific conditions are the following: In response to Arab legislators who opposed the proposed Basic Law, MP Avi Dichter said: “The best thing you can do is to live among us as a national minority that enjoys equal individual rights but not equality as a national minority.” [42] As the Constituent Assembly and the First Knesset were unable to draft a constitution, the Knesset issued basic laws on various subjects.
Israel`s Tenth Basic Law was passed by the Twelfth Knesset on March 17, 1992. It affirms that human rights are based on the recognition of the value of man, the sanctity of life and the fact that he is free. Its goal is to “defend human dignity and freedom in order to establish the values of the State of Israel as a Jewish and democratic state.” It defines human freedom in Israel as the right to leave and enter the country, to privacy, intimacy and the renunciation of searches of private property, bodies, possessions, speeches, writings and notes. Violations of human dignity or freedom are permitted only in accordance with the law. The law contains an instruction regarding its sustainability and protection against change through emergency regulations. On August 3, 2011, the Chairman of the Foreign Affairs and Defense Committee, Avi Dichter, along with 39 other members of the Knesset, submitted the proposed Basic Law: Israel as the nation-state of the Jewish people, attempting to determine the nature of the State of Israel as a Jewish people,[19] and as such, he interpreted the term “Jewish and democratic state,” which is enshrined in Israel`s basic laws on freedom of occupation and human dignity and freedom. However, she clarified that this conclusion does not imply that the authority of the Knesset (the Israeli parliament) in its role as a constituent assembly is unlimited. At this point in Israel`s constitutional enterprise, Hayut said, the Knesset cannot use a basic law to eliminate the fundamental principle that Israel is a Jewish and democratic state.
This principle, she noted, stems from constitutional texts and a framework that has developed since the founding of the State. Hayut noted that the Basic Law in question did not violate Israel`s character as a Jewish and democratic state and refrained from making a decision on the court`s power to judicially review the constitutionality of the fundamental laws. As the Constituent Assembly and the First Knesset were unable to draft a constitution, the Knesset began to enact basic laws on various subjects. Israel`s first Basic Law was passed by the Third Knesset on February 12, 1958. He did not define the powers of the Knesset, but said its headquarters were in Jerusalem and should have 120 members. The law deals with the electoral system, the electoral and electoral law, the date of elections, the service of Knesset members, the parliamentary immunity of Knesset members and Knesset buildings, as well as the work of the Knesset and its committees. There is an additional clause stipulating that the Knesset is elected through direct and proportional parliamentary elections, which can only be revised with the vote of 61 Knesset members (MPs). If it is decided to amend this Basic Law in case of emergency, it is said that this can only be done with the vote of 80 deputies. The law also states that the Knesset cannot extend its term unless it has a vote of 2/3 or more.
Since the Constituent Assembly and the First Knesset have not been able to draft a constitution, the Knesset has promulgated basic laws on various subjects. Israel`s Seventh Basic Law was passed by the Tenth Knesset on February 28, 1984. The law dealt with the Israeli judicial system, including the judicial authority, its institutions, the principle of independence in judgment, the transparency of judicial proceedings, the appointment of judges, their qualifications and duration, the powers of the Supreme Court, the right of appeal, the continuation of hearings, the new trial and the principle of permanent law. The law does not deal with the power of the courts to review the legality of laws dealt with in the Basic Law: the Law when it is promulgated. The law contains an instruction regarding its sustainability and protection against change through emergency regulations. Since the Constituent Assembly and the First Knesset have not been able to draft a constitution, the Knesset has promulgated basic laws on various subjects. Israel`s Fifth Basic Law was passed by the Eighth Knesset on March 31, 1976. Until the adoption of this Basic Law, the constitutional and legal basis for the deployment of the Israel Defense Forces was found in the IDF Regulations of 1948. The Basic Law reaffirms the subordination of the armed forces to the government and the status of Chief of Staff. The law stipulates that the IDF is the state army, which further deals with the compulsory nature of military service and conscription, as well as the instructions of the army and its orders, with the Minister of Defense being responsible for the army. It states: “No armed forces shall be established or maintained outside the Israel Defense Forces except in accordance with the law. The law takes into account the recommendations of the Agranat Commission, which examined the circumstances of the war in October 1973.
Since the Constituent Assembly and the First Knesset have not been able to draft a constitution, the Knesset has promulgated basic laws on various subjects. Israel`s Sixth Basic Law was passed by the Ninth Knesset on July 30, 1980. The intention of the law is to establish the status of Jerusalem as the capital of Israel, to ensure its integrity and unity, and to concentrate all instructions scattered in various laws on the location of national institutions. The law deals with holy places, guarantees the rights of members of all religions, and states that Jerusalem enjoys special development preferences. Hayut rejected the petitioners` assertion that the lack of an obligation to treat all citizens equally under the Basic Law causes serious damage to the democratic character of the State. She said the Basic Law was only a “chapter of the future constitution.” The principle of maintaining equal social and political rights for all citizens, regardless of religion, race or gender, was expressed in the Declaration of State Independence and recognized by the Supreme Court as a fundamental constitutional principle closely related to Israel`s fundamental legal concepts. Since the Constituent Assembly and the First Knesset have not been able to draft a constitution, the Knesset has promulgated basic laws on various subjects. Israel`s Fourth Basic Law was passed by the Eighth Knesset on July 21, 1975. The law sets the framework for budget laws, tax rules, forced loans, payments, fees and other aspects of the economy.