Proposed Basic Law: The State of Israel as the State of the Jewish People.

1. The State of Israel is a Jewish and democratic state, and it is the state of the Jewish People.

2.  
   1. The state of Israel shall act for the unification of the Jewish People and for the well-being of members of the Jewish people wherever they may be.
   2. The State of Israel shall act to safeguard and cultivate the heritage of Israel.
   3. The educational system in the State of Israel shall give special weight to instilling Jewish culture.

3. The State of Israel shall enable non-Jews in the State of Israel to act to safeguard their identity, language, and tradition according to their outlooks and in accordance with the laws of the state.

4.  
   1. The State of Israel shall encourage the ingathering of the exiles and Jewish settlement in the Land.
   2. Every Jew shall have the right to immigrate to Israel, unless the Minister of the Interior states that there is a high probability that the applicant will endanger the public peace, health, or security.
   3. Every Jew who immigrates to Israel shall have the right, according to the laws of the state, to Israeli citizenship.
   4. Nothing in this Article shall be construed to prevent others from acquiring citizenship according to the conditions established in law.

5.  
   1. Hebrew is the official language of the State of Israel
   2. The Arabic language shall be granted special status in the law.

6.  
   1. The days of rest established in the State of Israel are the Sabbath (Saturday) and the Jewish holidays.
   2. The public character of the days of rest shall be established in law. No law legislated on the strength of this Article shall be interpreted or repealed on the basis of another Basic Law.

7. The laws of Kashrut shall be maintained in all public bodies fulfilling responsibilities according to law.

8.  
   1. The flag of the state is white, with azure stripes near its edges and an azure Star of David in its center.
   2. The symbol of the state is the seven-branched Menorah, with olive branches at its sides, and the Hebrew word “Israel” at the bottom.
   3. The anthem of the State is “Hatikva.”

Words of Explanation,

Article 1:

The state of Israel was declared a “Jewish state” in the declaration of independence. It was first defined as a “Jewish and democratic state” in the Public Education law of 1953, and then again in the Basic Law: Human Dignity and Freedom in 1992. It was defined as the “State of the Jewish People” in the Basic Law: The Knesset (amended in 1985); in a further amendment in 2002 that phrase was replaced with “Jewish and democratic state.” However, the phrase “State of the Jewish people” recurs in the Immunity of Members of Knesset law (amended in 2002). These definitions occur in limited applications. The purpose of the proposed Basic Law is to provide explicit and general constitutional basis to these points.

Article 2:

Acting for the well-being of the members of the Jewish people is one of the fundamental purposes of the State of Israel which is expressed in, among other things, the Doing Justice to Nazis and their Helpers Law of 1950**.

The safeguarding of Israel’s traditions is also one of the fundamental purposes of the State of Israel, which is expressed, among other places, in the Foundations of Justice** law of 1980 and in the Work and Rest Hours law of 1951. This article gives expression to the fact that the Jewish People’s cohesion is not simple a matter of ethnic origin, but a common heritage worthy of safeguarding. This article is not meant to establish the highly controversial relationship between religion and state; it is meant to entrench in the constitution a positive treatment of the joint heritage of the Jewish People.

Article 3:

Individual rights are anchored in other Basic Laws. Since this Basic Law offers to anchor the rights of the Jewish People, the constitution is bound also to protect the rights of non-Jewish communities. These communities have the right to safeguard their own heritages, including religious customs, language, and identity. This right includes the right to administer educational and cultural institutions instilling their heritages. It should be emphasized that this article contains no recognition of collective political or social rights. [** or is this “collective, political, or social rights?]

Article 4:

This article entrenches in the constitution principles already established in the Law of Return (1950), Basic Law: Israel Lands (1960), and the Status of the World Zionist Organization – Jewish Agency for Israel law (1953). This article does not provide constitutional power to all details of these laws, including: the definition of a “Jew,” the status of non-Jewish relatives, etc. this article emphasizes the goal of the State of Israel to serve as a safe haven for all members of the Jewish People, a people which has no other national home.

It should be noted that many nations, particularly those who gained their independence and liberty in the last twenty years, entrench in their constitutions certain provisions regarding members of their nations in the Diaspora who return or do not return to their homeland.

For instance, Poland’s constitution reads:

6.2 The Republic of Poland shall provide assistance to Poles living abroad to maintain their links with the national cultural heritage…

52.5 Anyone whose Polish origin has been conformed in accordance with statute may settle permanently in Poland.

Slovenia’s reads:

5. It shall maintain concern for autochthonous Slovene national minorities in neighbouring countries and for Slovene emigrants and workers abroad and shall foster their contacts with the homeland… Slovenes not holding Slovene citizenship may enjoy special rights and privileges in Slovenia.

Bulgaria’s constitution reads:

25.2 A person of Bulgarian origin shall acquire Bulgarian citizenship through a facilitated procedure.

Romania’s:

7. The state shall support the strengthening of links with Romanians living abroad and shall act accordingly for the preservation, development and expression of their ethnic, cultural, linguistic, and religious identity under observance of the legislation of the State of which they are citizens.

And Macedonia’s constitution reads,

49. The Republic cares for the status and rights of those persons belonging to the Macedonian people in neighboring countries, as well as Macedonian expatriates, assists their cultural development and promotes links with them. The Republic cares for the cultural, economic, and social rights of the citizens of the Republic abroad.

Article 5:

The Declaration of Independence does not establish any directive concerning the state’s official language, nor is their any such provision in regular legislation. The sole directive concerning official languages comes from British Mandatory law: Section 82 of the Palestine Order-in-Council (1922) [sic]. Now, however, it is natural to anchor in a Basic Law Hebrew’s status as the official language of the State of Israel. It is clearly appropriate and important to grant other language, such as Arabic, legal recognition. However, this does not require that they be recognized as official languages. It should be pointed out that the preamble to the European Charter on Regional and Minority Languages (1922) emphasizes that “The protection and encouragement of regional or minority languages should not be to the detriment of the official languages and the need to learn them.”

Article 6:

One of the foundations of Israel’s heritage is the Hebrew calendar which establishes the Sabbath and Jewish holidays as days of rest, as is already expressed in the Work and Rest Hours Law** of 1951. The desired character of these days of rest is mired in controversy. Some are eager to use the Basic Law: Freedom of Occupation <link to BL FO> to repeal laws concerning days of rest. Others would try to anchor elements of the Work and Rest Hours law in the constitution itself – possibly in a more stringent form. The sole realistic solution is to allow the legislator to function with maximal flexibility, removing the constitutional threat from either direction.

Article 7:

Observance of the laws of Kashrut in public institutions fulfilling their roles according to law (such as the military, the Knesset, etc.) is not protected by law. This observance is mentioned in David Ben-Gurion’s “Status Quo” letter <link to this letter?> and is not particularly controversial. It should be noted that this section applies only to public areas.

Article 8:

The section on the flag offers a constitutional foundation to the principles already ensconced in the Flag and Symbol Law of 1949. This section does not grant constitutional weight to all the details of the aforementioned law.

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