Israel's Declaration of Independence proclaims that a constitution for the newly formed state would be drafted by an elected constituent assembly within a few months from the establishment of the state. Due to a lack of consensus on the actual content of the constitution, mainly on the role that religion would play in the newly emerged state, the drafting of the constitution was deferred by the first Knesset. Instead, the first elected Knesset, which was empowered to formulate the constitution, adopted the Harrari Resolution (named after the Knesset member who sponsored the act). This resolution provided that the Knesset would gradually draft a constitution by the adoption of Basic Laws, to be enacted one at a time.
The Basic Laws, when complete, will,
with Knesset approval, be consolidated into a binding constitution. Although not yet complete, eleven Basic Laws
have already been enacted and a few are in the process of being legislated.
Most of the Basic Laws deal with the logistics and roles of the various institutions in a democratic political system. These Basic Laws are as follows:
The President of the State, consolidates a wide range of laws pertaining to the President's functions and service in office;
The Knesset, sets out the procedures for being elected to Israel's parliament and those by which the Knesset itself is governed. One of the more important provisions in this law was an amendment prohibiting the election to the Knesset of any party or person whose goals directly or otherwise (1) negate the existence of the state as a Jewish and democratic state, (2) incite racism, or (3) support armed struggle by a hostile state or terrorist organization against the State of Israel;
The Government, sets the rules and principles regarding the service of the elected Prime Minister and his cabinet, the formation of the Government and the qualifications for becoming a minister, the functioning and procedures of the Government, and issues pertaining to the continuity of the Government or conditions for its being succeeded by a new Government;
The Judiciary, ensures the independence of the judiciary and the courts, and deals with the nature of judicial proceedings, the appointment of judges and the structure of the courts;
Israel Lands, sets out the principles of the state's relationship to the land and the conduct of land transactions;
The State Comptroller, sets out the authorities vested in this position in its supervision of government activities and as national ombudsman, and its responsibility only to the Knesset;
The State Economy, sets out the basic framework for the workings of the nation's economy, budget and production of currency;
The Military, deals with all aspects of the Israel Defense Forces as constituting Israel's official military institution;
Jerusalem, the Capital of Israel, establishes Jerusalem as Israel's capital and therefore accords the city a special status. This law also secures the rights of all religions to maintain their holy sites.
Two Basic Laws that were enacted over the past decade have been hailed as the "bill of rights" section of the proposed constitution and contain the basic foundations for the protection of human rights as encapsulated in Israel's Declaration of Independence. These two Basic Laws are:
Human Dignity and Liberty, (1992) protects "human dignity and liberty, in order to establish in a Basic Law the values of the State of Israel as a Jewish and democratic state";
Freedom of Occupation, (1994) guarantees the right of every citizen or inhabitant to engage in any occupation, profession or trade.
The Basic Laws, although enacted as regular laws by the Knesset, have a quasi-constitutional status. Some contain "entrenched clauses", requiring a special majority of the Knesset in order to amend them. The Supreme Court has been interpreting secondary legislation on the basis of whether such legislation is consistent with the provisions of the Basic Laws. By attempting to subordinate all new and existing legislation to the principles derived from the Basic Laws, the Israeli Supreme Court is setting clear guidelines for the norms expected from a true democracy.