Israel

PDF generated: 18 Apr 2016, 15:20

This complete constitution has been generated from excerpts of texts from the repository of the

Comparative Constitutions Project, and distributed on constituteproject.org.

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Israel's Constitution of 1958

with Amendments through

2013

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Israel 1958 (rev. 2013)

Table of contents

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Basic Law: The Knesset (1958)

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1. What the Knesset is

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2. Place of sitting

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3. Composition

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4. Electoral system

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5. The right to vote

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5A. The right to present a list of candidates (Amendments 19 and 21)

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6. The right to be elected (Amendments 8, 10, 22, and 26)

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6A. Restriction on the candidacy of a Knesset member seceding from his faction (Amendments

12, 21 and 36)

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7. Who shall not be a candidate (Amendments 2, 21, and 33)

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7A. Prevention of participation of candidates' list (Amendments 9, 35, and 39)

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8. Term of office of the Knesset

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9. Date of elections (Amendment 1)

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9A. Extending the Knesset's term (Amendment 15)

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10. Election day to be a day of rest

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11. Publication of election results (Amendment 20)

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12. Convening of the Knesset (Amendment 37)

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13. Amendments 27, and 37

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14. The opening meeting (Amendment 23)

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15. Declaration of allegiance by members of the Knesset (Amendment 23)

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16. Failure to make declaration

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16A. Failure to make declaration due to dual citizenship (Amendment 22)

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17. Immunity of Knesset members

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18. Immunity of Knesset buildings

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19. Procedure and rules

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20. Chairman and Vice-Chairmen (Amendments 24, 27, 34 and 37)

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20A. Acting Chairman and Interim Chairman of Knesset (Amendments 4, 24 and 27)

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21. Committees (Amendments 13, 14, 16, and 28)

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21A. Knesset supervision of secondary legislation (Amendment 30)

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22. Commissions of inquiry

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23. Government member who is not a member of the Knesset

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24. Quorum (Amendment 6)

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25. Majority

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26. Meetings

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27. Publicity of meetings (Amendment 17)

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28. Publication (Amendment 17)

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29. Amendment 17

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30. Amendment 17

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31. Sessions (Amendments 5 and 29)

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32. Amendment 31

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33. Amendments 25, 27, and 29

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34. Dissolution of the Knesset (Amendment 15)

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35. Date of elections after dissolution of the Knesset (Amendment 30)

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36. Term of office of the Knesset after dissolution

. . . . . . . . . . . . . . . . . . . . . . . 17

36A. Dispersion due to failure to adopt budget (Amendment 30)

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37. Continuity of the Knesset

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38. Extension of validity of enactments

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39. Remuneration of members of the Knesset

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40. Resignation of member of the Knesset

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41. Consequences of resignation

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42. Termination of tenure or candidacy (Amendment 33)

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42A. Knesset member who has been convicted (Amendments 7, 18, 26, and 32)

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42B. Suspension (Amendments 7, 26 and 38)

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43. Replacement of Knesset member (Amendment 7)

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44. Law not to be affected by emergency regulations

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45. Entrenched sections

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45A. Application of entrenchment (Amendment 15)

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46. Special majority when required (Amendments 3, 11, and 15)

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Basic Law: Israel Lands (1960)

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1. Prohibition of transfer of ownership

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2. Permission by Law

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3. Definition

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Basic Law: The President of the State (1964)

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1. Status

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2. Place of residence

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3. Election and period of tenure (Amendments 2 and 4)

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4. Eligibility (Amendment 4)

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5. Date of election (Amendment 8)

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6. Proposal of candidates (Amendment 8)

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7. Voting

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8. Election by majority of votes (Amendments 7 and 9)

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9. Declaration of allegiance

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10. Making of declaration and commencement of period of tenure (Amendment 4)

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11. Functions and powers (Amendments 3 and 5)

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12. Counter-signature (Amendments 2 and 5)

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13. Immunity with regard to discharge of functions

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14. Immunity from criminal proceedings

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15. Evidence

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16. Salary and other payments (Amendment 1)

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17. President to hold no other office

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18. Departure for abroad

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19. Resignation

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20. Removal of President from office

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21. Vacation of post for reasons of health

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22. Temporary cessation of exercise of office (Amendment 2)

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23. Interim President and Acting President

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24. Notices in Reshumot

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25. Law not to be affected by emergency regulations

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26. Repeal

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27. Transitional provision

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Basic Law: The State Economy (1975)

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1. Taxes, compulsory loans, and fees (Amendment 1)

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2. State property

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3. The State Budget (Amendments 1, 2, and 7)

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3A. Multi-annual budget (Amendment 4)

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3B. Failure to adopt budget (Amendment 5)

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3C. Legislation requiring a budget (Amendment 6, Announcements 1 and 2)

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4. Currency notes and coins

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5. Inspection (Amendment 3)

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Basic Law: The Military (1976)

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1. Defence Army of Israel

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2. Subordination to civil authority

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3. Chief of the General Staff

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4. Duty to serve and recruitment

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5. Instructions and orders in the Army

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6. Other armed forces

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Basic Law: Jerusalem, Capital of Israel (1980)

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1. Jerusalem, Capital of Israel

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2. Seat of the President, the Knesset, the Government and the Supreme Court

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3. Protection of Holy Places

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4. Development of Jerusalem

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5. Area of the jurisdiction of Jerusalem (Amendment 1)

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6. Prohibition of the transfer of authority (Amendment 1)

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7. Entrenchment (Amendment 1)

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Basic Law: The Judiciary (1984)

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1. Judicial power

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2. Independence

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3. Publicity of proceedings

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1. Judicial power



Structure of the courts

a. Judicial power is vested in the following courts:

1. the Supreme Court;

2. a District Court;

3. a Magistrate's Court;

4. another court designated by Law as a court.

In this Law, "judge" means a judge of a court as aforesaid.

b. Judicial power is vested also in the following:

1. a religious court (beit din);

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2. any other court (beit din):

3. another authority all as prescribed by Law.

c. No court or court (beit din) shall be established for a particular case.

2. Independence



Judicial independence

A person vested with judicial power shall not, in judicial matters, be subject to any

authority but that of the Law.

3. Publicity of proceedings



Right to public trial

A court shall sit in public unless otherwise provided by Law or unless the court

otherwise directs under Law.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31

4. Appointment of judges

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5. Nationality

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6. Declaration of allegiance

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7. Period of tenure (Amendment 2)

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8. Retired judge

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9. Restriction on re-posting

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10. Salary and benefits

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11. Judge not to engage in additional occupation, etc

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12. Criminal proceedings

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13. Disciplinary proceedings

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14. Suspension (Amendment 1)

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4. Appointment of judges



Supreme court selection



Ordinary court selection

a. A judge shall be appointed by the President of the State upon election by a

Judges' Election Committee.

b. The Committee shall consist of nine members, namely, the President of the

Supreme Court, two other judges of the Supreme Court elected by the body of

judges thereof, the Minister of Justice and another Minister designated by the

Government, two members of the Knesset elected by the Knesset and two

representatives of the Chamber of Advocates elected by the National Council of

the Chamber. The Minister of Justice shall be the chairman of the Committee.

c. The Committee may act even if the number of its members has decreased, so

long as it is not less than seven.

5. Nationality



Eligibility for supreme court judges



Eligibility for ordinary court judges

Only an Israeli national shall be appointed judge.

6. Declaration of allegiance



Oaths to abide by constitution

A person appointed judge shall make a declaration of allegiance before the President

of the State. The declaration shall be as follows:

"I pledge myself to be in allegiance to the State of Israel and to its laws, to dispense

justice fairly, not to pervert the law and to show no favor.".

7. Period of tenure (Amendment 2)



Supreme court term length

The tenure of a judge shall begin upon his declaration of allegiance and shall end only

-

1. upon his retirement on pension; or

2. upon his resignation; or

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3. upon his being elected or appointed to one of the positions the holders of

which are debarred from being candidates for the Knesset; or

4. upon a decision of the Judges' Election Committee prepared by the

chairman of the Committee, the Ombudsman of the Israeli Judiciary, or the

President of the Supreme Court and passed by a majority of at least seven

members; or

5. upon a decision of the Court of Discipline.

8. Retired judge

A judge who has retired on pension may be appointed to the position of a judge for

such time, in such manner and on such conditions as may be prescribed by Law.

9. Restriction on re-posting

a. A judge shall not be permanently transferred from the locality where he is

serving to a court in another locality save with the consent of the President of

the Supreme Court or pursuant to a decision of the Court of Discipline.

b. A judge shall not without his consent be appointed to an acting position at a

lower court.

10. Salary and benefits

a. The salaries of judges and other payments to be made to them during or after

their period of tenure or to their survivors after their death shall be prescribed

by Law or by a decision of the Knesset or of a Knesset committee empowered by

the Knesset in that behalf.

b. No decision shall be passed reducing the salaries of judges only.



Protection of judges' salaries

11. Judge not to engage in additional occupation, etc



Eligibility for ordinary court judges

A judge shall not engage in an additional occupation, and shall not carry out any

public function save under law or with the consent of the President of the Supreme

Court and the Minister of Justice.

12. Criminal proceedings

a. No criminal investigation shall be opened against a judge save with the consent

of the Attorney-General, and no indictment shall be filed against a judge save by

the Attorney-General.



Attorney general

b. A criminal charge against a judge shall not be tried save before a District Court

consisting of three judges, unless the judge has consented that the charge be

tried in the ordinary manner.

c. The provisions of this section shall not apply to categories of offences

designated by Law.

13. Disciplinary proceedings



Establishment of judicial council

a. A judge shall be subject to the jurisdiction of a Court of Discipline.

b. A Court of Discipline shall consist of judges or judges retired on pension

appointed by the President of the Supreme Court.

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c. Provisions as to the grounds for instituting disciplinary proceedings, the modes

of filing complaints, the composition of the bench, the powers of the Court of

Discipline and the disciplinary measures it shall be authorized to impose shall be

prescribed by Law. The rules of procedure shall be in accordance with Law.

14. Suspension (Amendment 1)



Supreme/ordinary court judge removal

Where a complaint is filed, criminal investigation is initiated, or indictment is filed

against a judge, the President of the Supreme Court may suspend him from office for

such period as he may prescribe.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33

15. Supreme Court

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34

16. Other courts

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34

17. Appeal

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34

18. Further hearing

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34

19. Retrial

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34

20. Established rule

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34

21. Registrar

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34

15. Supreme Court

a. The seat of the Supreme Court is Jerusalem.

b. The Supreme Court shall hear appeals against judgments and other decisions of

the District Courts.



Supreme court powers

c. The Supreme Court shall sit also as a High Court of Justice. When so sitting, it

shall hear matters in which it deems it necessary to grant relief for the sake of

justice and which are not within the jurisdiction of another court (beit mishpat

or beit din).



Supreme court powers

d. Without prejudice to the generality of the provisions of subsection (c), the

Supreme Court sitting as a High Court of Justice shall be competent -



Supreme court powers

1. to make orders for the release of persons unlawfully detained or

imprisoned.

2. to order State and local authorities and the officials and bodies thereof, and

other persons carrying out public functions under law, to do or refrain from

doing any act in the lawful exercise of their functions or, if they were

improperly elected or appointed, to refrain from acting;

3. to order courts (batei mishpat and batei din) and bodies and persons having

judicial or quasi- judicial powers under law, other than courts dealt with by

this Law and other than religious courts (batei din), to hear, refrain from

hearing, or continue hearing a particular matter or to void a proceeding

improperly taken or a decision improperly given;

4. to order religious courts (batei din) to hear a particular matter within their

jurisdiction or to refrain from hearing or continue hearing a particular

matter not within their jurisdiction, provided that the court shall not

entertain an application under this paragraph if the applicant did not raise

the question of jurisdiction at the earliest opportunity; and if he had no

reasonable opportunity to raise the question of jurisdiction until a decision

had been given by a religious court (beit din), the court may quash a

proceeding taken or a decision given by the religious court (beit din)

without authority.



Establishment of religious courts

e. Other powers of the Supreme Court shall be prescribed by Law.

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16. Other courts

The establishment, powers, places of sitting and areas of jurisdiction of the District

Courts, the Magistrates' Courts and other courts shall be in accordance with Law.

17. Appeal



Right to appeal judicial decisions

A judgment of a court of first instance, other than a judgment of the Supreme Court,

shall be appealable as of right.

18. Further hearing

In a matter adjudged by the Supreme Court by a bench of three, a further hearing

may be held by a bench of five or more, on such grounds and in such manner as shall

be prescribed by Law.

19. Retrial

In a criminal matter adjudged finally, a retrial may be held on such grounds and in

such manner as shall be prescribed by Law.

20. Established rule

a. A rule laid down by a court shall guide any lower court.

b. A rule laid down by the Supreme Court shall bind any court other than the

Supreme Court.



Judicial precedence

21. Registrar

A court may have a registrar, who may or may not be a judge.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34

22. Law not to be affected by emergency regulations

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34

23. Provisions to be prescribed by Law

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35

24. Provisions to be prescribed under Law

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35

Basic Law: The State Comptroller (1988)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35

1. Essence

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35

2. State Audit

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36

3. Duty to provide information

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36

4. Comptroller as Commissioner for Complaints

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36

5. Additional tasks

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36

6. Accountability to the Knesset

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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36

7. Election and Term of office (Amendment 1)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36

8. Qualifications (Amendment 1)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36

9. Pledge of allegiance

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36

10. Budget

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36

11. Salary and emoluments

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

12. Contact with Knesset and issuance of reports

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

13. Removal from office (Amendment 2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

14. Acting State Comptroller

. . . . . . . . . . . . . . . . . . . . . . . . . . 37

Basic Law: Human Dignity and Liberty (1992)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

1. Basic principles (Amendment 1)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

1A. Purpose (Amendment 1)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

2. Preservation of life, body and dignity

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

3. Protection of property

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38

4. Protection of life, body and dignity

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38

5. Personal liberty

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38

6. Leaving and entering Israel

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38

7. Privacy

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38

8. Violation of rights (Amendment 1)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38

9. Reservation regarding security forces

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38

10. Validity of laws

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38

11. Application

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39

12. Stability

. . . . . . . . . . . . . . . . . . . . . . . . . . . . 39

Basic Law: Freedom of Occupation (1994)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39

1. Basic principles

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39

2. Purpose

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39

3. Freedom of occupation

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39

4. Violation of freedom of occupation

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39

5. Application

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39

6. Stability

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39

7. Entrenchment

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40

8. Effect of nonconforming law (Amendment 2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40

9. Repeal

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40

10. Provisional (Amendments 1 and 2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . 40

11. Amendment of Basic Law: Human Dignity and Liberty

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40

Basic Law: The Government (2001)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40

1. What the Government is

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40

2. Seat of Government

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41

3. Confidence of the Knesset

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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41

4. Responsibility

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41

5. Composition

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41

6. Eligibility of Ministers

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42

7. Assignment of task of forming Government

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42

8. Periods for formation of Government

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42

9. Re-assignment of task

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43

10. Assignment of task at the request of party groups

. . . . . . . . . . . . . . . . . . . . . . . . 43

11. Early elections in the event of failure to form a government

. . . . . . . . . . . . . . . . . . . . . . . 43

12. Discontinuance of proceedings for formation of Government

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43

13. Formation of Government

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44

14. Declaration of allegiance

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44

15. Cooption of a Minister

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44

16. Acting Prime Minister

. . . . . . . . . . . . . . . . . . . . . . . . . . . . 44

17. Interrogation and impeachment of the Prime Minister

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45

18. Removal from office pursuant to an offense

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45

19. Resignation of Prime Minister

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45

20. Death or permanent incapacity of Prime Minister

. . . . . . 45

21. Prime Minister or Acting Prime Minister ceasing to function as members of Knesset

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45

22. Termination of tenure of Minister

. . . . . . . . . . . . . . . . . . . . . . . . . . 46

23. Termination of tenure of Minister pursuant to an offense

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46

24. Acting Minister

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46

25. Deputy Ministers

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46

26. Termination of service of a Deputy Minister

. . . . . . . . . . . . . . . . . . . . 47

27. Termination of tenure of Deputy Minister pursuant to an offense

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47

28. Expression of no confidence in the Government

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48

29. Authority to disperse the Knesset

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48

30. Continuity of Government

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49

31. Functioning of the Government

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49

32. Residual powers of Government

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49

33. Delegation of powers

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50

34. Assumption of powers

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50

35. Secrecy

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50

36. Salaries and pensions

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50

37. Regulations

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50

38. Declaration of a state of emergency

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51

39. State of emergency

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51

40. Declaration of war

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52

41. Inapplicability of emergency laws

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52

42. The Government and Knesset committees

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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52

43. Change in election date

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52

44. Permanence of the Law

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52

45. Amendment of Basic Law: The Knesset - No. 30

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53

46. Repeal of The Basic Law: The Government

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53

47. Effect and applicability

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Basic Law: The Knesset (1958)

1. What the Knesset is



Structure of legislative chamber(s)

The Knesset is the parliament of the State.

2. Place of sitting

The place of sitting of the Knesset is Jerusalem.

3. Composition



Size of first chamber

The Knesset shall, upon its election, consist of one hundred and twenty members.

4. Electoral system



Secret ballot



First chamber selection

The Knesset shall be elected by general, national, direct, equal, secret and

proportional elections, in accordance with the Knesset Elections Law; this section

shall not be varied save by a majority of the members of the Knesset.

5. The right to vote



Claim of universal suffrage

Every Israel national of or over the age of eighteen years shall have the right to vote

in elections to the Knesset, unless a court has deprived him of that right by virtue of

any Law; the Elections Law shall determine the time at which a person shall be

considered to be eighteen years of age for the purpose of the exercise of the right to

vote in elections to the Knesset.

5A. The right to present a list of candidates (Amendments

19 and 21)



First chamber selection

A list of candidates for the Knesset shall be submitted only by a party; The means of

association and registering of parties and the conditions for submitting a list of

candidates shall be determined by law.

6. The right to be elected (Amendments 8, 10, 22, and 26)



Electoral commission

a. Every Israel national who on the day of the admission of a candidates list

containing his name is twenty-one years of age or over shall have the right to be

elected to the Knesset, unless a court has deprived him of that right by virtue of

Law, or he has been sentenced, by a final judgment, to a penalty of actual

imprisonment for a term exceeding three months and on the day of submission

of the list of candidates seven years have not yet passed since the day when he

terminated his period of imprisonment, unless the chairman of the Central

Elections Committee has determined that the offence of which he has been

convicted, in accordance with the circumstances, does not bear moral turpitude.



Minimum age for first chamber



Eligibility for first chamber

b. [Annulled]

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c. A candidate for the Knesset who has been sentenced as specified in subsection

(a) and whose judgment has become final after the submission of the list of

candidates and before he has assumed tenure as a Knesset member, will be

deemed to have withdrawn from the list of candidates that includes his name, or

from his tenure in the Knesset, as relevant, unless the chairman of the Central

Elections Committee has determined that the offence of which he has been

convicted, in accordance with the circumstances, does not bear moral turpitude.

d. The determination of the chairman of the Central Elections Committee under

subsections (a) and (c) is not required if the court has stated by law that the

offence, in accordance with the circumstances, does bear moral turpitude.

e. For the purpose of this section –

• "Actual imprisonment" means the sum of all terms of actual imprisonment

the convicted person must serve in a single continuous period, even if

ordered in different sentences, including suspended sentences that have

been activated;

• "Offence" means each of the offences for which a period of actual

imprisonment has been ordered.

6A. Restriction on the candidacy of a Knesset member

seceding from his faction (Amendments 12, 21 and 36)

a. A Knesset member seceding from his faction and failing to tender his resignation

as a Knesset member in close proximity to his secession, shall not be included, in

the election for the next Knesset, in the list of candidates submitted by a party

that was represented by a faction of the outgoing Knesset; This provision does

not apply to the splitting of a faction under the conditions prescribed by law.



Eligibility for first chamber

b. For the purposes of this section –

• "Secession from a faction " - including voting in the Knesset plenum not in

accordance with the faction’s position regarding the expression of

confidence or no confidence in the government; however, such voting shall

not be deemed as secession if the Knesset member has not received any

consideration in exchange for his vote;

• "Consideration " – means directly or indirectly, by a promise or future

commitment, including the assurance of a place on a list of candidates for

the Knesset, or the appointment of the Knesset member himself or

someone else to a certain position.

7. Who shall not be a candidate (Amendments 2, 21, and

33)



Eligibility for first chamber



Outside professions of legislators

The following shall not be candidates for the Knesset:

1. the President of the State;

2. the two Chief Rabbis;

3. a judge (shofet);

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4. a judge (dayan) of a religious court;

5. the State Comptroller;

6. the Chief of the General Staff of the Defense Army of Israel;

7. rabbis and ministers of other religions, while holding paid office;

8. senior State employees and Army officers of such grades or ranks and in

such functions as shall be determined by Law.

9. policemen and prison warders of such ranks and positions as shall be

determined by law;

10. employees of corporations established by law of such ranks and positions

as shall be determined by law.

Unless they have ceased to serve in the aforementioned position or office, prior to

the date for submitting the lists of candidates for the Knesset, and if an earlier date

has been set by law prior to the set date.

7A. Prevention of participation of candidates' list

(Amendments 9, 35, and 39)

a. A candidates' list shall not participate in elections to the Knesset, and a person

shall not be a candidate for election to the Knesset, if the objects or actions of

the list or the actions of the person, expressly or by implication, include one of

the following:



Eligibility for first chamber

1. negation of the existence of the State of Israel as a Jewish and democratic

state;

2. incitement to racism;

3. support of armed struggle, by a hostile state or a terrorist organization,

against the State of Israel.



Terrorism

a1. For the purposes of this section, a candidate that was at a hostile state

unlawfully within the seven years preceding the date for submitting the

candidates' list, is deemed a person whose actions express support of armed

struggle against the State of Israel, as long as he has not proven otherwise.



Eligibility for first chamber

b. The decision of the Central Elections Committee that a candidate is prevented

from participating in the elections requires the affirmation of the Supreme

Court of Israel.



Electoral commission



Supreme court powers

c. A candidate will make a declaration for the purposes of this section.

d. Particulars regarding the hearing at the Central Elections Committee and at the

Supreme Court of Israel, as well as regarding a declaration under subsection (c)

shall be prescribed by law.

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8. Term of office of the Knesset



Term length for first chamber

The term of office of the Knesset shall be four years from the day on which it is

elected.

9. Date of elections (Amendment 1)



Scheduling of elections

The elections to the Knesset shall take place on the third Tuesday of the month of

Cheshvan in the year in which the tenure of the outgoing Knesset ends, But if the

year which preceded that year was a leap year, the elections shall take place on the

first Tuesday of that month.

9A. Extending the Knesset's term (Amendment 15)

a. The Knesset shall not extend its term except by law passed by a majority of

eighty members of the Knesset and only if special circumstances exist that

prevent holding the elections at their proper time; the period of extension shall

not exceed the time necessary due to the aforementioned circumstances; the

election date shall be fixed by the aforementioned law.

b. Without prejudice to the provisions of section 34, the Knesset may, by a

resolution passed by the majority of its members, advance the date of elections

fixed under subsection (a), provided that the new date is no earlier than the date

fixed for Knesset elections under section 9.

10. Election day to be a day of rest

Election Day shall be a day of rest, but transport services and other public services

shall function normally.

11. Publication of election results (Amendment 20)

The results of the elections shall he published in “Reshumot” within eight days from

Election Day.

12. Convening of the Knesset (Amendment 37)

The Knesset shall convene for its first meeting, after the election results are

published, within fourteen days of Election Day on the date fixed by law, unless an

earlier date is prescribed by law due to a rest day, holiday, festival day, memorial day,

or due to proximity to one of them, or due to the intermediate days of certain Jewish

festivals.

13. Amendments 27, and 37

[Annulled]

14. The opening meeting (Amendment 23)

The procedures of the opening meeting shall be prescribed by law and shall express

the character of the State of Israel and its heritage.

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15. Declaration of allegiance by members of the Knesset

(Amendment 23)

a. A Knesset member shall make a declaration of allegiance; the declaration shall

read as follows:

"I pledge myself to bear allegiance to the State of Israel and faithfully to

discharge my mandate in the Knesset."

b. Procedures for the declarations shall be prescribed by law.

16. Failure to make declaration

Where the Chairman of the Knesset has called upon a member of the Knesset to

make his declaration of allegiance and the member has not done so, the member

shall not enjoy the rights of a member of the Knesset so long as he has not made the

declaration.

16A. Failure to make declaration due to dual citizenship

(Amendment 22)



Eligibility for first chamber

Has the Knesset member been the holder of an additional non-Israeli citizenship, and

the laws of the country whose citizenship he holds permit his release from such

citizenship, he shall not declare allegiance until after he has done everything

required on his part to be released from such citizenship, and he shall not enjoy the

rights of a Knesset member until he makes his declaration.

17. Immunity of Knesset members



Immunity of legislators

The members of the Knesset shall have immunity; particulars shall be prescribed by

Law.

18. Immunity of Knesset buildings

The building of the Knesset shall have immunity; particulars shall be prescribed by

Law.

19. Procedure and rules

The Knesset shall itself prescribe its procedure; in so far as such procedure has not

been prescribed by Law, the Knesset shall prescribe it by its Rules; so long as the

procedure has not been prescribed as aforesaid, the Knesset shall follow its accepted

practice and routine

20. Chairman and Vice-Chairmen (Amendments 24, 27, 34

and 37)



Leader of first chamber

a. The Knesset shall elect from among its members a Chairman and

Vice-Chairmen. Until the Chairman is elected, the most senior Knesset member

who is not the Prime Minister, a Minister or Deputy Minister, shall serve as

Interim Chairman. In this section, "senior" means the one whose term of office in

the Knesset is the longest, consecutively or non-consecutively, and among those

with equal seniority - the oldest.

b. The Knesset may, in its Rules, set restrictions on the election of a Knesset

member to serve as Chairman or Vice-Chairman.

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c. The Knesset may, by a resolution passed by a majority of its members, suspend

the Chairman or a Vice-Chairman or set restrictions on their post; particulars to

be set by law.

d. The Knesset may, by a resolution passed by a majority of its members or by a

larger majority as may be prescribed by law, to remove from post the Chairman

or a Vice-Chairman; particulars to be set by law.

20A. Acting Chairman and Interim Chairman of Knesset

(Amendments 4, 24 and 27)



Leader of first chamber

a. Whenever the Chairman of the Knesset leaves the territory of the State, a

Vice-Chairman shall serve as Acting Chairman until his return.

b. Whenever the Chairman of the Knesset notifies the House Committee, or if the

House Committee decides, that for reasons of health the Chairman of the

Knesset is temporarily unable to carry out his functions, or the Chairman

announces that he is temporarily unable to perform his duties and the House

Committee acknowledges his announcement, a Vice-Chairman shall serve as

Acting Chairman until the Chairman notifies the House Committee or until the

House Committee decides that the Chairman is no longer unable to carry out his

functions.



Legislative committees

c. When the post of Chairman of the Knesset has fallen vacant - because the

Chairman has resigned or has died or because the House Committee has

decided that for reasons of health he is permanently unable to carry out his

functions - a Vice-Chairman shall serve as Interim Chairman until the Knesset

elects a new Chairman.

c1.

1. If the Chairman of the Knesset is suspended from his post by a decision

under Section 20(c), a Vice-Chairman shall serve as Acting Chairman until

the suspension is lifted or until the election of a new Chairman, as relevant.

2. If the Chairman of the Knesset is removed from his post by a decision under

Section 20(d), a Vice-Chairman shall serve as Acting Chairman until the

election of a new Chairman.

d. The Vice-Chairman who is to serve as Acting Chairman or Interim Chairman of

the Knesset shall be elected in that behalf by the House Committee.

e. During his tenure as Acting Chairman or Interim Chairman of the Knesset, the

Vice-Chairman shall serve in every capacity assigned to the Chairman of the

Knesset by law, shall carry out every function imposed upon the Chairman of the

Knesset by law and shall exercise every power vested in the Chairman of the

Knesset by law.

f. The provisions of this section shall also apply, mutatis mutandis, if the

circumstances envisaged in subsection (a), (b), (c) or (c1) with regard to the

Chairman of the Knesset exist with regard to a Vice-Chairman who is serving as

Acting Chairman or Interim Chairman.

21. Committees (Amendments 13, 14, 16, and 28)



Legislative committees

a. The Knesset shall elect from among its members permanent committees, and it

may elect from among its members committees for specific matters; the

functions, powers and procedure of the committees shall, in so far as they are

not prescribed by Law, be prescribed by the Rules.



Standing committees

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b. The Rules may prescribe provisions concerning the committees’ authority to

summon an office holder or a functionary of the Civil Service, municipal

authority, religious council, corporation established by law or government

corporation, and to oblige him to provide information on the activity of the body

in which he serves, unless such disclosure entails a violation of a law, or of a

professional duty or an obligation of trust to which he is bound by law, and he

shall be assured the rights of a witness before a court; the summon shall be

issued under the auspices of the relevant Minister or with his knowledge, and

for someone who is not in the Civil Service under the auspices of the head of the

body in which the invitee serves; However, the appointed Minister or the head

of the body in which the invitee serves may inform the committee that he

himself will appear in place of the invitee.

c. [Annulled]

21A. Knesset supervision of secondary legislation

(Amendment 30)



Legislative committees

a. Regulations enacted by a Minister whose violation entails criminal punishment

shall not enter into force, unless they have been approved prior to publication

by a committees of the Knesset committees responsible for that matter; should

the committee fail to approve or reject the regulations within 45 days of

receiving the regulations, the regulations will be deemed approved.

b. The provisions of this subsection do not prejudice the provisions of any Basic

Law or other law regarding regulations.

22. Commissions of inquiry



Legislative oversight of the executive

The Knesset may appoint commissions of inquiry - either by empowering one of the

permanent committees in that behalf or by electing a commission from among its

members - to investigate matters designated by the Knesset; the powers and

functions of a commission of inquiry shall be prescribed by the Knesset; every

commission of inquiry shall include also representatives of factions which do not

participate in the Government, in accordance with the relative strength of the

factions in the Knesset.

23. Government member who is not a member of the

Knesset



Establishment of cabinet/ministers

A member of the Government who is not a member of the Knesset shall, as to

everything relating to the Knesset, have the same status as a member of the

Government who is a member of the Knesset, except that he shall not have the right

to vote.

24. Quorum (Amendment 6)



Quorum for legislative sessions

The Knesset shall hold debates and pass decisions whatever the number of members

present, save as otherwise provided by Law.

25. Majority

Save as otherwise provided by Law, the Knesset shall pass its decisions by a majority

of those participating in the voting - those abstaining not being reckoned as

participating - and the voting procedure shall be prescribed by the Rules.

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26. Meetings

The meetings of the Knesset shall be held at its place of sitting: Provided that in

special circumstances the Chairman of the Knesset may, in consultation with the

Vice-Chairmen, convene the Knesset elsewhere. The meetings of the Knesset shall

take place on workdays.

27. Publicity of meetings (Amendment 17)



Public or private sessions

The Knesset shall sit in public.

28. Publication (Amendment 17)



Publication of deliberations

The publication of proceedings taken and utterances made at an open meeting is not

restricted and does not entail any criminal or civil liability.

29. Amendment 17

[Annulled]

30. Amendment 17

[Annulled]

31. Sessions (Amendments 5 and 29)



Length of legislative sessions

Orders concerning the periods of Knesset sessions and the convening of the Knesset

out of session shall be prescribed by law.

32. Amendment 31

[Annulled]

33. Amendments 25, 27, and 29

[Annulled]

34. Dissolution of the Knesset (Amendment 15)



Dismissal of the legislature

The Knesset shall not decide to dissolve itself before the expiration of its term of

office save by adopting a Law for that purpose passed by a majority of the members

of the Knesset.

35. Date of elections after dissolution of the Knesset

(Amendment 30)

The Law concerning the dissolution of the Knesset shall contain a provision as to the

date of the elections to the next Knesset, which shall be no later than five months

from the day the law is passed.

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36. Term of office of the Knesset after dissolution



Term length for first chamber

If the Knesset decides to dissolve itself, the term of office of the next Knesset shall

run until the month of Cheshvan next following the termination of four years from

the day of its election.

36A. Dispersion due to failure to adopt budget

(Amendment 30)



Budget bills



Dismissal of the legislature

a. Non-adoption of the Budget Law within three months subsequent to the

beginning of the fiscal year will be considered to be a Knesset decision on its

dispersion, prior to the completion of its term of service, on the day following

the end of this period (hereafter: the determining date), and early elections will

be held on the last Tuesday before the end of 90 days of the determining date,

unless the Knesset decides by a majority vote of its members, within five days of

the determining date, that because of the proximity of the date of elections to a

holiday, festival day or memorial day, to postpone the elections to a date no later

than 100 days from the determining date.

b. Notwithstanding the provisions of subsection (a), should the President of the

State begin procedures to form a new Government under section 30 of The

Basic Law: The Government, or should a law be adopted to disperse the Knesset,

or should elections to the Knesset be held, after the date for submission of the

Draft Budget under section 3 of The Basic Law: The State Economy and before

the passage of three months from the beginning of the fiscal year, the

determining day under subsection (a), shall be three months from the beginning

of the fiscal year or 45 days from the constitution of the Government, whichever

is later.

37. Continuity of the Knesset

The outgoing Knesset shall continue to hold office until the convening of the

incoming Knesset.

38. Extension of validity of enactments

Any enactment due to expire during the last two months of the term of office of the

outgoing Knesset or within four months after the Knesset has decided to dissolve

itself or during the first three months of the term of office of the incoming Knesset

shall continue in force until the expiration of the said three months.

39. Remuneration of members of the Knesset



Compensation of legislators

The members of the Knesset shall receive a remuneration as provided by Law.

40. Resignation of member of the Knesset

A member of the Knesset may resign his office; resignation shall be by personal

presentation of a letter of resignation by the resigning member to the Chairman of

the Knesset or, if the member is unable to present the letter of resignation

personally, by transmission thereof in the manner prescribed by the Rules; the letter

of resignation shall be signed on the day of the presentation or transmission.

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41. Consequences of resignation

If a member of the Knesset tenders his resignation, his membership of the Knesset

shall cease forty-eight hours after the letter of resignation reaches the Chairman of

the Knesset, unless the member withdraws resignation before then.

42. Termination of tenure or candidacy (Amendment 33)



Removal of individual legislators

If a member of the Knesset, or a candidate to the Knesset, is elected or appointed to

one of the posts the holders of which are debarred from being candidates for the

Knesset, his membership of the Knesset or his candidacy to the Knesset, as relevant,

shall cease upon his election or appointment to one of the above positions; For this

purpose, "a candidate for the Knesset" – means one whose name is included in the

candidates’ list for the Knesset, from the day the list is submitted until the day of the

beginning of his tenure as a member of the Knesset.

42A. Knesset member who has been convicted

(Amendments 7, 18, 26, and 32)



Attorney general



Removal of individual legislators

a. Should a Knesset member be convicted, by final judgment, of a criminal offence,

and the court, by its own initiative or at the request of the Attorney-General has

stated that the offence carry moral turpitude, his membership of the Knesset

shall end on the day the judgment becomes final, no matter if the offence was

committed when he was a member of that same Knesset, a member of a

previous Knesset, or before he was a member of the Knesset.

b. Subsection (a) shall apply also to a Knesset member whose judgment became

final after he began to serve as a member of the Knesset; the request of the

Attorney-General in accordance with subsection (a) may be submitted as long as

the judgment has not become final; the request shall be submitted to the court

that handed the judgment, and if an appeal has been filed, to the court of appeal.

42B. Suspension (Amendments 7, 26 and 38)



Removal of individual legislators

a. Where a Knesset member has been convicted of a criminal offence, and the

court, by its own initiative or at the request of the Attorney-General has stated

that the offence carry moral turpitude, he shall be suspended from office as a

Knesset member from the day the court’s judgment was handed and until the

time when the judgment becomes final.

b. Where a Knesset member has been convicted of a criminal offence and

sentenced to imprisonment, he shall be suspended from his office as a Knesset

member for the period during which he is undergoing his penalty of

imprisonment.

b1. The orders of this section shall also apply to a Knesset member who has been

convicted of an offence as stated in Subsection (a) or (b) before becoming a

Knesset member.

43. Replacement of Knesset member (Amendment 7)



Replacement of legislators

a. If the seat of a member of the Knesset falls vacant, it shall be filled by the

candidate who, in the list of candidates which included the name of the late

member, figured immediately after the last of the elected candidates.

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b. Where a person's membership of the Knesset has been suspended under section

42B, his seat shall become vacant for the period of the suspension and his place

shall be taken by the candidate referred to in subsection (a). If he resumes his

seat, the last of the list of candidates who became a Knesset member shall cease

to hold office, but his right to become again a Knesset member thereafter, by

virtue of the provision of subsection (a), shall not be affected thereby.

44. Law not to be affected by emergency regulations



Emergency provisions

Notwithstanding the provision of any other law, this Law cannot be varied,

suspended, or made subject to conditions, by emergency regulations.

45. Entrenched sections



Constitution amendment procedure

Section 44, or this section, shall not be varied save by a majority of eighty members

of the Knesset.

45A. Application of entrenchment (Amendment 15)



Constitution amendment procedure

46. Special majority when required (Amendments 3, 11,

and 15)



Constitution amendment procedure

The majority required by this Law for a variation of section 4, 9A, 34, 44 or 45 shall

be required for decisions of the Knesset plenary at the first, second and third

readings. In this section, "variation" means both an express and an implicit variation.

Basic Law: Israel Lands (1960)

1. Prohibition of transfer of ownership

The ownership of Israel lands, being the lands in Israel of the State, the Development

Authority or the Keren Kayemet Le-Israel, shall not be transferred either by sale or

in any other manner.

2. Permission by Law

for that purpose by Law.

3. Definition

In this Law, "lands" means land, houses, buildings and anything permanently fixed to

land.

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Basic Law: The President of the State (1964)

1. Status



Name/structure of executive(s)

A President shall stand at the head of the State.

2. Place of residence

The place of residence of the President of the State shall be Jerusalem.

3. Election and period of tenure (Amendments 2 and 4)

a. The President of the State shall be elected by the Knesset for seven years.



Head of state selection



Head of state term length

b. The President will serve for one term only.



Head of state term limits

4. Eligibility (Amendment 4)



Eligibility for head of state

Every Israel national who is a resident of Israel is qualified to be a candidate for the

office of President of the State.

5. Date of election (Amendment 8)



Scheduling of elections

The election of the President of the State shall be held not earlier than ninety days

and not later than thirty days before the expiration of the period of tenure of the

President in office. If the place of the President of the State falls vacant before the

expiration of his period of tenure, the election shall be held within forty-five days

from the day on which such place falls vacant. The Chairman of the Knesset, in

consultation with the Vice-Chairmen, shall fix the day of the election and shall notify

it to all the members of the Knesset in writing at least three weeks in advance. If the

day of the election does not fall in one of the session terms of the Knesset, the

Chairman of the Knesset shall convene the Knesset for the election of the President

of the State.

6. Proposal of candidates (Amendment 8)



Head of state selection

a.

1. A proposal of a candidate for President of the State shall be submitted in

writing to the Chairman of the Knesset, together with the consent of the

candidate in writing, on the fourteenth day before the day of the election; A

member of the Knesset shall not sponsor the proposal of more than one

candidate;

2. A person any ten or more members of the Knesset proposed his candidacy

shall be candidate for President of the State, except if the number of

sponsors decreased below ten because of the deletion of the name of a

member of the Knesset as described in subsection (3);

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3. Where a member of the Knesset sponsored the proposal of more than one

candidate, the name of that member of the Knesset shall be deleted from

the list of sponsors for all candidates he sponsored; Where the number of

sponsors of a candidate decreased below ten because of the deletion of a

name from the list of sponsors, a member of the Knesset who did not

sponsor any proposal may add his name to the list of sponsors of that

candidate, no later than eight days before the day of the election.

b. The Chairman of the Knesset shall notify all the members of the Knesset, in

writing, not later than seven days before the day of the election, of every

candidate proposed and of the names of the members of the Knesset who have

proposed him, and shall announce the candidates at the opening of the meeting

at which the election is held.

7. Voting



Head of state selection

The election of the President of the State shall be by secret ballot at a meeting of the

Knesset assigned only for that purpose.

8. Election by majority of votes (Amendments 7 and 9)



Head of state selection

a. If there are two candidates or more, the candidate who has received the votes of

a majority of the members of the Knesset is elected. If no candidate receives

such a majority, a second ballot shall be held. At the second ballot only the two

candidates who received the largest number of votes at the first ballot shall

stand for election. The candidate who at the second ballot receives a majority of

the votes of the members of the Knesset who take part in the voting and vote for

one of the candidates is elected. If two candidates receive the same number of

votes, voting shall be repeated.

b. If there is only one candidate, the ballot will be in favor or against him and he is

elected if the number of votes in his favor outweighs the number of votes

against him. If the number of votes in his favor equals the number of votes

against him, a second ballot shall be held.

c. If no President of the State is elected under subsection (b), a repeat ballot shall

be held within thirty days of the day of the ballot with accordance to Sections 5

to 7 and this Section, but the proposal of a candidate shall be submitted no later

than seven days before the day of the election.

9. Declaration of allegiance



Oaths to abide by constitution

The President-Elect shall make and sign before the Knesset the following declaration

of allegiance:

"I pledge myself to bear allegiance to the State of Israel and to its laws and faithfully

to carry out my functions as President of the State.".

10. Making of declaration and commencement of period of

tenure (Amendment 4)

a. The President-Elect shall make his declaration of allegiance upon the expiration

of the period of tenure of the preceding President of the State or as soon as

possible beforehand, and shall begin to hold office upon the expiration of the

period of tenure of the preceding President of the State.

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b. If the place of the preceding President of the State falls vacant before the

expiration of his period of tenure, the President-Elect shall make his declaration

of allegiance as soon as possible after his election and shall begin to hold office

upon making his declaration of allegiance.

11. Functions and powers (Amendments 3 and 5)



Head of state powers

a. The President of the State -

1. shall sign every Law, other than a Law relating to its powers;

2. shall carry out the functions assigned to him by Basic Law: The

Government;

3. shall receive from the Government a report on its meetings;

4. shall accredit the diplomatic representatives of the State, shall receive the

credentials of diplomatic representatives sent to Israel by foreign states,

shall empower the consular representatives of the State and shall confirm

the appointments of consular representatives sent to Israel by foreign

states;



Foreign affairs representative

5. shall sign such conventions with foreign states as have been ratified by the

Knesset;

6. shall carry out every function assigned to him by Law in connection with the

appointment and removal from office of judges and other office-holder's.

b. The President of the State shall have power to pardon offenders and to lighten

penalties by the reduction or commutation thereof.



Power to pardon

c. The President of the State shall carry out every other function and have every

other power assigned to him by Law.

12. Counter-signature (Amendments 2 and 5)

The signature of the President of State on an official document, other than a

document connected with the formation of a Government or the dissolution of a

Knesset, shall require the countersignature of the Prime Minister or of such other

Minister as the Government may decide.

13. Immunity with regard to discharge of functions

a. The President of the State shall not be amenable to any court or tribunal, and

shall be immune from any legal act, in respect of anything connected with his

functions or powers.

b. The President of the State shall not, in giving evidence, have to disclose anything

which came to his knowledge in the discharge of his functions as President of the

State.

c. The immunity of the President of the State under this section shall continue

after he has ceased to be President of the State.

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14. Immunity from criminal proceedings



Head of state immunity

The President of the State shall not be criminally prosecuted. The period during

which, by virtue of this section, the President of the State cannot be prosecuted for

an offence shall not be counted in calculating the period of prescription of that

offence.

15. Evidence

If the President of the State is required to give evidence, his evidence shall be taken

at such place and time as shall be determined with his sanction.

16. Salary and other payments (Amendment 1)



Legislative committees

The salary of the President of the State, and other payments to be made to him

during his period of tenure, shall be fixed by resolution of the Knesset, which may

empower the Finance Committee in that behalf. Resolutions under this section shall

be published in “Reshumot”.

17. President to hold no other office

a. Save with the sanction of the House Committee of the Knesset, the President of

the State shall not hold any post, or exercise any function, other than the post

and functions of President of the State.



Legislative committees



Eligibility for head of state

b. The President of the State shall be exempt from all compulsory service.

18. Departure for abroad

The President of the State shall not leave the territory of the State save with the

sanction of the Government.

19. Resignation



Head of state removal

The President of the State may resign his office by submitting a letter of resignation

to the Chairman of the Knesset. The letter of resignation shall not require a

countersignature. The place of the President of the State shall become vacant

forty-eight hours after the letter of resignation reaches the Chairman of the Knesset.

20. Removal of President from office



Legislative committees



Head of state removal

a. The Knesset may, by resolution, remove the President of the State from office if

it finds that he is unworthy of his office owing to conduct unbecoming his status

as President of the State.

b. The Knesset shall not remove the President of the State from office, save

following a complaint brought before the House Committee by at least twenty

members of the Knesset and upon the proposal of the House Committee passed

by a three-quarters majority of the members of the Committee. A resolution by

the Knesset to remove the President from office shall require a three-quarters

majority of the members of the Knesset.

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c. The House Committee shall not propose the removal of the President of the

State from office before he has been given an opportunity to refute the

complaint in accordance with procedure prescribed by the Committee with the

approval of the Knesset, and the Knesset shall not resolve to remove the

President of the State from office before he has been given an opportunity to be

heard in accordance with procedure prescribed by the House Committee with

the approval of the Knesset.

d. The President of the State may be represented before the House Committee

and before the Knesset by an authorized representative. A member of the

Knesset shall not act as the representative of the President. The House

Committee and the Knesset may summon the President of the State to be

present at proceedings under this section.

e. Proceedings of the Knesset under this section shall be taken at a meeting, or

successive meetings, assigned solely for that purpose. The proceedings shall

begin not later than twenty days after the resolution of the House Committee.

The time of their beginning shall be notified by the Chairman of the Knesset to

all the members of the Knesset, in writing, at least ten days in advance. If the

beginning of the proceedings does not fall in one of the session terms of the

Knesset, the Chairman of the Knesset shall convene the Knesset for the

proceedings.

21. Vacation of post for reasons of health



Head of state removal

a. The Knesset may, by resolution passed by a majority of its members, declare

that for reasons of health the President of the State is permanently unable to

carry out his functions.

b. The Knesset shall not pass a resolution as aforesaid save upon the proposal of

the House Committee passed by a two-thirds majority of its members on the

strength of a medical opinion given in accordance with rules prescribed by the

Committee.

c. If the Knesset resolves as aforesaid, the place of the President of the State shall

become vacant on the day of the resolution.

22. Temporary cessation of exercise of office (Amendment

2)



Legislative committees

a. The President of the State shall temporarily cease to carry out his functions and

exercise his powers –

1. if he leaves the territory of the State - from the time of his leaving until his

return;

2. if he notifies the House Committee that he is temporarily unable to carry

out his functions and the Knesset Committee approves his notification by a

majority of votes – from the time of the approval of the notification until

the expiration of the period fixed by the Committee in its resolution or until

the President of the State notifies the House Committee that he is no

longer unable to carry out his functions, whichever is the earlier date;

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3. if the House Committee, by a two-thirds majority of its members, on the

strength of a medical opinion given in accordance with rules prescribed by

the Committee, resolves that for reasons of health the President of the

State is temporarily unable to carry out his functions – from the passing of

the resolution until the expiration of the period fixed by the House

Committee in the resolution or until the House Committee resolves that

the President is no longer unable to carry out his functions.

b. The House Committee shall not, under subsection (a)(2) or (3), fix a period

exceeding three months. It may extend the period, without a break, up to a

maximum of three additional months. Any further extension shall require a

resolution of the Knesset passed by a majority of the members of the Knesset

upon the proposal of the House Committee.

23. Interim President and Acting President



Head of state replacement

a. If the place of the President of the State has fallen vacant, and so long as the new

President has not yet begun to hold office, the Chairman of the Knesset shall

hold office as Interim President of the State.

b. During a period in which the President of the State has temporarily ceased to

carry out his functions and exercise his powers, the Chairman of the Knesset

shall hold office as Acting President of the State.

c. While holding office as Interim President of the State or Acting President of the

State, the Chairman of the Knesset shall carry out the functions assigned to the

President of the State by Law and shall exercise the powers vested in the

President of the State by Law.

24. Notices in Reshumot

a. The Chairman of the Knesset shall publish a notice in “Reshumot” as to -

1. the commencement of the tenure of the President of the State;

2. the vacancy of the place of the President of the State;

3. the commencement and termination of the tenure of the Chairman of the

Knesset as Acting President of the State under section 22(a)(2) and (3).

b. The Prime Minister shall publish a notice in “Reshumot” as to the President's

leaving the territory of the State and as to his return.

25. Law not to be affected by emergency regulations



Emergency provisions

Notwithstanding the provisions of any other law, this Law cannot be varied,

suspended, or made subject to conditions, by emergency regulations.

26. Repeal

a. There are hereby repealed -

1. sections 2(c), 6 and 7 of the Transition Law, 5709-1949;

2. the State President (Tenure) Law, 5712-1951;

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b. The State President, Government Members and Chief Rabbis of Israel (Fixing of

Salaries) Law, 5711-1950, shall no longer apply to the salary of the President of

the State or to payments due to him or his survivors.

27. Transitional provision

The President of the State who was elected by the Knesset on the 27th Iyar, 5723

(21st May, 1963) shall be deemed to have been elected, and to hold office, under this

Law.

Basic Law: The State Economy (1975)

1. Taxes, compulsory loans, and fees (Amendment 1)

a. Taxes, compulsory loans and other compulsory payment shall not be imposed,

and their amounts shall not be varied, save by or under Law; the same shall apply

with regard to fees.

b. Where the amounts of any taxes, compulsory loans or other compulsory

payments, or fees, payable to the Treasury are not prescribed in the Law itself,

and the Law does not provide that the amounts prescribed therefore by

regulations shall require approval by the Knesset or by a committee of the

Knesset, the amounts prescribed therefore by regulations shall require approval

- in advance or within the period prescribed by the Law - by a decision of the

Knesset or of a committee of the Knesset empowered by it in that behalf.

2. State property

Transactions in State property and the acquisition of rights and assumption of

liabilities on behalf of the State shall be effected by a person empowered in that

behalf by or under Law.

3. The State Budget (Amendments 1, 2, and 7)



Budget bills

a.

1. The State Budget shall be prescribed by Law.

2. The Budget shall be for one year and shall set out the expected and planned

expenditure of the Government.

b.

1. The Government shall lay the Budget Bill on the table of the Knesset at the

time prescribed by the Finance Committee of the Knesset but not later

than sixty days before the beginning of the fiscal year



Legislative committees

2. The Budget Bill shall be detailed.

3. The detailed Budget Bill of the Ministry of Defense shall not be laid on the

table of the Knesset but on the table of a joint committee of the Finance

Committee and the Foreign Affairs and Security Committee of the Knesset.



Legislative committees

4. The Budget Bill shall be accompanied by an estimate of the sources for

financing the Budget.

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c. In case of necessity, the Government may bring in an Additional Budget Bill

during the fiscal year.

d. Where it appears to the Government that the Budget Law will not be adopted

before the beginning of the fiscal year, it may bring in an Interim Budget Bill.

e. The Minister of Finance shall submit to the Knesset every year a report on the

implementation of the State Budget. Particulars shall be prescribed by Law.

3A. Multi-annual budget (Amendment 4)



Budget bills

a. Towards every fiscal year, the Government shall prepare a multi-annual budget

plan that will include the Budget Bill for the coming year, as well as a budget plan

for the two following consecutive years.

b. The Government shall submit to the Knesset the multi-annual budget plan

together with the Budget Bill.

c. Every budget bill submitted by the Government to the Knesset shall be based on

the multi-annual budget plan prepared and submitted under with this Section in

the previous year.

3B. Failure to adopt budget (Amendment 5)



Budget bills

a. In case of non-adoption of the Budget Law prior to the beginning of the fiscal

year, the Government is entitled to spend every month a sum equal to one

twelfth of the previous annual budget, with increase linked to the consumer

price index published by the Central Bureau of Statistics.

b. Funds under Subsection (a) shall be designated first of all to fulfill the State's

obligations by virtue of law, contracts and treaties. The remainder shall be used

by the Government only for the operation of vital services and activities

included in the previous Budget Law.

c. This Section may not be altered, save by a majority of the members of the

Knesset.



Constitution amendment procedure

3C. Legislation requiring a budget (Amendment 6,

Announcements 1 and 2)



Budget bills

a. A Budgetary Bill shall not be passed by the Knesset, save with the votes of at

least 50 Members of the Knesset. The aforementioned majority is required in

the first, second and third readings. However, should a Bill turn into a Budgetary

Bill after first reading, the aforementioned majority is required in the second

and third readings.

b. A Budgetary Reservation shall not be passed by the Knesset, save with the votes

of at least 50 Members of the Knesset. Where a Budgetary Reservation to a bill

is passed, the Bill shall not pass the third reading save with the votes of at least

50 members of the Knesset.

c. The determination of the Budgetary Cost, for the purpose of this Section, of a

Bill or Reservation, shall be that of the Knesset Committee deliberating that Bill

or Reservation (hereinafter - the Committee). The Committee shall determine

the Budgetary Cost by the evaluation of the Minister of Finance, or someone

authorized by him for that purpose, unless it has been proven to its satisfaction,

by another evaluation submitted to it, that the Budgetary Cost is different from

that evaluated by the Minister of Finance. Evaluations under this Section shall

be submitted together with data and estimates.



Legislative committees

d. In this Section -

• "Budgetary Bill" – means a bill fulfilling all of the following:

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1. It was submitted not by the Government;

2. Its implementation involves a Budgetary Cost of 5,991,899 New Israeli

Shekels or more, in any budget year;

3. The Government has not given its consent to the Budgetary Cost;

• "Budgetary Reservation" – means a reservation to a bill, fulfilling all of the

following:

1. Its implementation involves a Budgetary Cost of 5,991,899 New Israeli

Shekels or more, in any budget year;

2. The Government has not given its consent to the Budgetary Cost;

• "Budgetary Cost" – means Expenditure or a commitment for Expenditure

from State Budget, or a Diminution in State Revenues, even if that

Expenditure or Diminution is accompanied by a reduction in Expenditure or

a commitment for Expenditure from State Budget, or by an increase in

State Revenues;

• "Expenditure from State Budget", "Diminution of State Revenues" -

including expenditure from the budget of a Budgeted Body, or a diminution

in the revenues of a Budgeted Body;

• "Budgeted Body" – as defined by Article 21 of the Foundations of the

Budget Act, 5745-1985.

e. The sums specified in the definitions of "Budgetary Bill" and "Budgetary

Reservation" in subsection (d) shall be updated on the 1st of January of every

year, according to the rate of change in the consumer price index published by

the Central Bureau of Statistics.

f. The provisions of this Section shall not apply to a bill regarding the dissolution of

the Knesset and holding elections.

4. Currency notes and coins

The printing of legal tender currency notes and the minting of legal tender coins, and

the issue thereof, shall be done under Law.

5. Inspection (Amendment 3)

The State economy shall be subject to the inspection of the State Comptroller.

Basic Law: The Military (1976)

1. Defence Army of Israel

The Defence Army of Israel is the army of the State.

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2. Subordination to civil authority

a. The Army is subject to the authority of the Government.

b. The Minister in charge of the Army on behalf of the Government is the Minister

of Defence.

3. Chief of the General Staff



Designation of commander in chief

a. The supreme command level in the Army is the Chief of the General Staff.

b. The Chief of the General Staff is subject to the authority of the Government and

subordinate to the Minister of Defence.

c. The Chief of the General Staff shall be appointed by the Government upon the

recommendation of the Minister of Defence.

4. Duty to serve and recruitment

The duty of serving in the Army and recruitment for the Army shall be as prescribed

by or by virtue of Law.

5. Instructions and orders in the Army

The power to issue instructions and orders binding in the Army shall be prescribed

by or by virtue of Law.

6. Other armed forces

No armed force other than the Defence Army of Israel shall be established or

maintained except under Law.

Basic Law: Jerusalem, Capital of Israel (1980)

1. Jerusalem, Capital of Israel



National capital

Jerusalem, complete and united, is the capital of Israel.

2. Seat of the President, the Knesset, the Government and

the Supreme Court

Jerusalem is the seat of the President of the State, the Knesset, the Government and

the Supreme Court.

3. Protection of Holy Places

The Holy Places shall be protected from desecration and any other violation and

from anything likely to violate the freedom of access of the members of the different

religions to the places sacred to them or their feelings towards those places.

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4. Development of Jerusalem

a. The Government shall provide for the development and prosperity of Jerusalem

and the well-being of its inhabitants by allocating special funds, including a

special annual grant to the Municipality of Jerusalem (Capital City Grant) with

the approval of the Finance Committee of the Knesset.



Legislative committees

b. Jerusalem shall be given special priority in the activities of the authorities of the

State so as to further its development in economic and other matters.

c. The Government shall set up a special body or special bodies for the

implementation of this section.

5. Area of the jurisdiction of Jerusalem (Amendment 1)

The jurisdiction of Jerusalem includes, as pertaining to this basic law, among others,

all of the area that is described in the appendix of the proclamation expanding the

borders of municipal Jerusalem beginning the 20th of Sivan 5727 (June 28, 1967), as

was given according to the Cities' Ordinance.

6. Prohibition of the transfer of authority (Amendment 1)

No authority that is stipulated in the law of the State of Israel or of the Jerusalem

Municipality may be transferred either permanently or for an allotted period of time

to a foreign body, whether political, governmental or to any other similar type of

foreign body.

7. Entrenchment (Amendment 1)



Constitution amendment procedure

Clauses 5 and 6 shall not be modified except by a Basic Law passed by a majority of

the members of the Knesset.

Basic Law: The Judiciary (1984)

22. Law not to be affected by emergency regulations



Emergency provisions

This Law cannot be varied, suspended, or made subject to conditions by emergency

regulations.

23. Provisions to be prescribed by Law

Provisions as to the following matters shall be prescribed by Law:

1. the manner of electing, and duration of the tenure of, the members of the

Judges' Election Committee;

2. qualifications for the posts of judges of the various grades;

3. the manner of appointing the President of the Supreme Court, the Deputy

President of the Supreme Court and the President and Vice-president of a

District Court and a Magistrate's Court;

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4. the conditions and procedures for terminating the tenure of a judge;

5. the manner of appointing a judge to an acting assignment at another court

and of transferring a judge, temporarily or permanently, from the locality

where he is serving to a court in another locality;

6. proceedings for the suspension of a judge from office, and review of the

suspension;

7. the matters which the courts of the different grades are to hear by a single

judge or by three or more judges;

8. the manner of designating the judge or judges who is or are to hear a

particular matter.

24. Provisions to be prescribed under Law

Provisions as to the following matters shall be prescribed under Law:

1. rules as to the administration of the courts, the making thereof and

responsibility for their implementing;

2. the rules of procedure of the Judges' Election Committee;

3. procedure for the resignation of a judge;

4. procedure for the appointment and the powers of the registrar of a court;

5. the number of judges who are to serve in the courts of the different grades

and location.

Basic Law: The State Comptroller (1988)

1. Essence

The State Audit shall be implemented by the State Comptroller.

2. State Audit

a. The Comptroller will audit the economy, the property, the finances, the

obligations and the administration of the State, of Government Ministries, of all

enterprises, institutions, or corporations of the State, of Local Authorities, and

of bodies or other institutions which were defined by law as subject to audit by

the State Comptroller.

b. The State Comptroller shall inspect the legality, integrity, managerial norms,

efficiency and economy of the audited bodies, as well as any other matter which

he deems necessary.

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3. Duty to provide information

A body subject to State Audit will, upon request, immediately provide the State

Comptroller with information, documents, explanations, or any other material which

the Comptroller deems necessary for audit purposes.

4. Comptroller as Commissioner for Complaints



Ombudsman

The State Comptroller will investigate complaints from the public about bodies and

persons, as provided by law: in this capacity the State Comptroller shall bear the title

'Commissioner for Complaints from the Public'.

5. Additional tasks

The State Comptroller shall undertake additional tasks as provided by law.

6. Accountability to the Knesset

In carrying out his functions, the State Comptroller shall be accountable only to the

Knesset and not to the Cabinet.

7. Election and Term of office (Amendment 1)

a. The State Comptroller shall be chosen by the Knesset in a secret ballot; the

exact arrangements shall be set by law.

b. The term of office of the State Comptroller shall be seven years.

c. The State Comptroller will serve for one term only.

8. Qualifications (Amendment 1)

Any Israeli citizen, residing in Israel, shall be eligible to serve as State Comptroller;

any additional qualifications may be determined by law.

9. Pledge of allegiance



Oaths to abide by constitution

The State Comptroller elected shall make and sign before the Knesset the following

declaration:

'I pledge allegiance to the State of Israel and to its laws, and will faithfully carry out

my duties as State Comptroller'.

10. Budget



Legislative committees

The budget of the State Comptroller's Office shall be determined by the

Appropriations Committee of the Knesset, upon the recommendation of the State

Comptroller, and will be published together with the State Budget.

11. Salary and emoluments

The salary of the State Comptroller and other payments made to him during his term

of office or subsequently, or to his survivors upon his demise, shall be determined by

law or by a Knesset Resolution or by a duly authorized committee of the Knesset.

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12. Contact with Knesset and issuance of reports

a. The State Comptroller shall maintain contact with the Knesset, as determined

by law.

b. The State Comptroller shall issue reports and opinions within the scope of his

duties and shall publish them, subject to any restrictions determined by law.

13. Removal from office (Amendment 2)

The State Comptroller shall not be removed from office except by one of the

following:

1. Due to reasons of health he is unable, permanently, to fulfill his functions –

on the day the Knesset has resolved such by a resolution passed by a

majority of the members of the Knesset, following procedure to be

determined by law.

2. Due to conduct unbecoming his status as State Comptroller - on the day the

Knesset has resolved such by a resolution passed by a three-quarters

majority of the members of the Knesset, following procedure to be

determined by law.

14. Acting State Comptroller

If the State Comptroller is not able to fulfill his functions, an Acting Comptroller shall

be appointed, in a manner and for a period as determined by law.

Basic Law: Human Dignity and Liberty (1992)

1. Basic principles (Amendment 1)

Fundamental human rights in Israel are founded upon recognition of the value of the

human being, the sanctity of human life, and the principle that all persons are free;

these rights shall be upheld in the spirit of the principles set forth in the Declaration

of the Establishment of the State of Israel.

1A. Purpose (Amendment 1)



Human dignity



Motives for writing constitution



Official religion



Type of government envisioned

The purpose of this Basic Law is to protect 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.

2. Preservation of life, body and dignity



Right to life

There shall be no violation of the life, body or dignity of any person as such.

3. Protection of property



Right to own property

There shall be no violation of the property of a person.

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4. Protection of life, body and dignity



Right to life

All persons are entitled to protection of their life, body and dignity.

5. Personal liberty

There shall be no deprivation or restriction of the liberty of a person by

imprisonment, arrest, extradition or otherwise.

6. Leaving and entering Israel



Freedom of movement

a. All persons are free to leave Israel.

b. Every Israel national has the right of entry into Israel from abroad.

7. Privacy



Right to privacy

a. All persons have the right to privacy and to intimacy.

b. There shall be no entry into the private premises of a person who has not

consented thereto.



Regulation of evidence collection

c. No search shall be conducted on the private premises of a person, nor in the

body or personal effects.



Regulation of evidence collection

d. There shall be no violation of the confidentiality of conversation, or of the

writings or records of a person.

8. Violation of rights (Amendment 1)

There shall be no violation of rights under this Basic Law except by a law befitting the

values of the State of Israel, enacted for a proper purpose, and to an extent no

greater than is required, or by regulation enacted by virtue of express authorization

in such law.

9. Reservation regarding security forces

There shall be no restriction of rights under this Basic Law held by persons serving in

the Israel Defense Forces, the Israel Police, the Prisons Service and other security

organizations of the State, nor shall such rights be subject to conditions, except by

virtue of a law, or by regulation enacted by virtue of a law, and to an extent no

greater than is required by the nature and character of the service.

10. Validity of laws

This Basic Law shall not affect the validity of any law (din) in force prior to the

commencement of the Basic Law.

11. Application

All governmental authorities are bound to respect the rights under this Basic Law.

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12. Stability



Emergency provisions

This Basic Law cannot be varied, suspended or made subject to conditions by

emergency regulations; notwithstanding, when a state of emergency exists, by virtue

of a declaration under section 9 of the Law and Administration Ordinance,

5708-1948, emergency regulations may be enacted by virtue of said section to deny

or restrict rights under this Basic Law, provided the denial or restriction shall be for a

proper purpose and for a period and extent no greater than is required.

Basic Law: Freedom of Occupation (1994)

1. Basic principles

Fundamental human rights in Israel are founded upon recognition of the value of the

human being, the sanctity of human life, and the principle that all persons are free;

these rights shall be upheld in the spirit of the principles set forth in the Declaration

of the Establishment of the State of Israel.

2. Purpose



Motives for writing constitution



Official religion

The purpose of this Basic Law is to protect freedom of occupation, in order to

establish in a Basic Law the values of the State of Israel as a Jewish and democratic

state.

3. Freedom of occupation



Right to choose occupation

Every Israel national or resident has the right to engage in any occupation,

profession or trade.

4. Violation of freedom of occupation

There shall be no violation of freedom of occupation except by a law befitting the

values of the State of Israel, enacted for a proper purpose, and to an extent no

greater than is required, or by regulation enacted by virtue of express authorization

in such law.

5. Application

All governmental authorities are bound to respect the freedom of occupation of all

Israel nationals and residents.

6. Stability



Emergency provisions

This Basic Law shall not be varied, suspended or made subject to conditions by

emergency regulations.

7. Entrenchment



Constitution amendment procedure

This Basic Law shall not be varied except by a Basic Law passed by a majority of the

members of the Knesset.

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8. Effect of nonconforming law (Amendment 2)

a. A provision of a law that violates freedom of occupation shall be of effect, even

though not in accordance with section 4, if it has been included in a law passed

by a majority of the members of the Knesset, which expressly states that it shall

be of effect, notwithstanding the provisions of this Basic Law; such law shall

expire four years from its commencement unless a shorter duration has been

stated therein.

b. The provision regarding the expiration of validity, mentioned in subsection (a)

shall not apply to a law adopted within one year from the date in which this Basic

Law entered into effect.

9. Repeal

Basic Law: Freedom of Occupation is hereby repealed.

10. Provisional (Amendments 1 and 2)

The provisions of any enactment which, immediately prior to this Basic Law would

have been of effect but for this Basic Law or the Basic Law repealed in section 9, shall

remain in effect until the day of 14 March 2002, unless repealed earlier; however,

such provisions shall be construed in the spirit of the provisions of this Basic Law.

11. Amendment of Basic Law: Human Dignity and Liberty

In Basic Law: Human Dignity and Liberty –

1. Section 1 shall be designated 1(a) and shall be preceded by the following

section:

“Basic principles

"1. Fundamental human rights in Israel are founded upon recognition of the

value of the human being, the sanctity of human life, and the principle that

all persons are free; these rights shall be upheld in the spirit of the

principles set forth in the Declaration of the Establishment of the State of

Israel.”

2. At the end of section 8, the following shall be added: "or by regulation

enacted by virtue of express authorization in such law."

Basic Law: The Government (2001)

1. What the Government is



Name/structure of executive(s)

The Government is the executive authority of the State.

2. Seat of Government

The seat of the Government is Jerusalem.

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3. Confidence of the Knesset

The Government holds office by virtue of the confidence of the Knesset.

4. Responsibility



Legislative oversight of the executive

The Government is collectively responsible to the Knesset; each Minister is

responsible to the Prime Minister for the field of responsibility with which the

Minister has been charged.

5. Composition

a. The Government is composed of a Prime Minister and other Ministers.



Establishment of cabinet/ministers



Name/structure of executive(s)

b. The Prime Minister shall be a member of the Knesset. A Minister need not be a

member of the Knesset.



Eligibility for head of government

c. A Minister shall be in charge of a Ministry; there may be Ministers without

Portfolio.



Establishment of cabinet/ministers

d. One of the Ministers who is a member of Knesset may be designated as Acting

Prime Minister.

e. A Minister may be Deputy Prime Minister.



Deputy executive

6. Eligibility of Ministers



Eligibility for cabinet

a. A Minister must be an Israeli citizen and a resident of Israel.

b. A person shall not be appointed Minister if he is serving in a position or role as

specified in section 7 of The Basic Law: The Knesset, unless he ceased

functioning in the said position or role upon or prior to his appointment, as

prescribed by law.

c.

1. If a person was convicted of an offense and sentenced to prison and if seven

years have not yet passed since the day he on which he finished serving his

period of punishment, or since the handing down of his sentence -

whichever was later - shall not be appointed Minister, unless the Chairman

of the Central Election Committee states that the circumstances of the

offense do not involve moral turpitude.



Electoral commission

2. The Chairman of the Central Election Committee shall not so rule if the

court determined that the offense involved moral turpitude.

d. If a person holds a citizenship other than Israeli, and if the law of the country of

which he is a citizen allows him to be released from such citizenship, he shall be

appointed Minister only after he has taken all measures necessary to be

released from such citizenship.

e. A Knesset Member seceding from his faction and failing to tender his

resignation as a Knesset member may not be appointed as a Minister during the

period of service of that Knesset. This does not apply to the splitting of a faction

as defined by law. "Secession from a faction" is defined in section 6(a) of The

Basic Law: The Knesset.

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7. Assignment of task of forming Government

a. When a new Government has to be constituted, the President of the State shall,

after consultation with representatives of party groups in the Knesset, assign

the task of forming a Government to a Knesset Member who has notified him

that he is prepared to accept the task; the President shall do so within seven

days of the publication of the election results, or should the need arise to form a

new government; and in the case of the death of the Prime Minister, within 14

days of his death.



Cabinet selection

b. Should this consultation take place before the new Knesset is convened, the

President will consult the representatives of the lists of candidates to be

represented in the new Knesset.

c. This section shall not apply to the formation of a Government following a no

confidence vote according to section 28 or in the event of an application to the

President under section 29(b), and the provisions specified in those sections

shall apply.

8. Periods for formation of Government



Cabinet selection

The Knesset Member to whom the President has assigned the task of forming a

Government under section 7 shall have a period of 28 days for the fulfillment of such

task. The President of the State may extend the period by additional periods not

exceeding in the aggregate 14 days.

9. Re-assignment of task

a. Where the periods referred to in section 8 have passed and the Knesset

Member has not notified the President of the State that he has formed a

Government, or where he has notified him before then that he is unable to form

a Government, or where he presented a Government and the Knesset rejected

his request for confidence under section 13(d), the President may assign the

task of forming a Government to another Knesset Member who has notified him

that he is prepared to accept the task, or may inform the Chairman of the

Knesset that he sees no possibility of forming a Government - all within three

days from the end of the period, or from the day of the Knesset member's

statement that he cannot form a government, or from the rejection of

confidence in the Government, as applicable.



Cabinet selection

b. Before assigning the task of forming a Government under this section, or before

informing the Chairman of the Knesset that he sees no possibility of forming a

Government, the President may again consult with representatives of factions in

the Knesset.

c. A Knesset Member to whom the task of forming a Government has been

assigned under this section shall have 28 days in which to do so.



Cabinet selection

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10. Assignment of task at the request of party groups

a. Where the President of the State has informed the Chairman of the Knesset,

under section 9(a) that he sees no possibility of forming a Government, or where

he has assigned the task of forming a Government to a Knesset Member under

the same section and the Knesset Member has not notified him within 28 days

that he has formed a Government, or has notified him before then that he is

unable to form a Government, or presented a Government and the Knesset

rejected his request for confidence under section 13(d), a majority of the

members of the Knesset may request, in writing, that the President of the State

assign the task to a particular member of the Knesset, who so agreed in writing,

all within 21 days of the President's announcement, or from the end of the

period designated in section 9(c), or from the statement by the Knesset Member

that he cannot form a Government, or from the rejection of confidence in the

Government, as relevant.



Cabinet selection

b. Where a request as aforesaid has been submitted to the President, the

President shall assign the task of forming a Government to that Knesset

Member within two days.



Cabinet selection

c. A Knesset Member to whom the task of forming a Government has been

assigned under this section shall have a period of fourteen days for its

fulfillment.



Cabinet selection

11. Early elections in the event of failure to form a

government



Dismissal of the legislature

a. Should no request be submitted under section 10(a), or should a Knesset

Member fail to form a Government within the period defined in section 10(c), or

if he should prior to that time inform the President that he cannot form a

Government, the President shall so inform the Knesset Chairman.

b. Should the President so inform the Knesset Chairman, or should a Knesset

Member charged with forming a Government under section 10(a) present a

Government and fail to win the confidence of the Knesset under section 13(d),

then the Knesset shall be deemed to have decided to disperse prior to the

completion of its period of service, and elections for the Knesset will be held on

the last Tuesday before the end of 90 days of the President's announcement, or

of the rejection of the request for confidence in the Government, as relevant.

12. Discontinuance of proceedings for formation of

Government

When a Law for the dissolution of the Knesset has been adopted, the proceedings for

the formation of a Government shall cease.

13. Formation of Government



Cabinet selection

a. Where the President of the State has assigned to a Knesset Member the task of

forming a Government, he shall notify the Chairman of the Knesset to such

effect, and the Chairman of the Knesset shall notify the Knesset.

b. Where the Knesset Member has formed a Government, he shall notify the

President of the State and the Chairman of the Knesset to such effect, and the

Chairman of the Knesset shall notify the Knesset and set a date for the

presentation of the Government to the Knesset within seven days of such

notification.

c. The Knesset Member who has formed a Government shall head it.



Head of government selection

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d. When a Government has been formed, it shall present itself to the Knesset, shall

announce the basic lines of its policy, its composition and the distribution of

functions among the Ministers, and shall ask for an expression of confidence.

The Government is constituted when the Knesset has expressed confidence in

it, and the Ministers shall thereupon assume office.

14. Declaration of allegiance



Oaths to abide by constitution

As soon as, or as soon as possible after, the Knesset has expressed confidence in the

Government, the Prime Minister shall make before the Knesset the following

declaration of allegiance: "I (name) as Prime Minister undertake to uphold the State

of Israel and its laws, to faithfully fulfill my role as the Prime Minister and to comply

with the decisions of the Knesset"; and each of the other Ministers shall make the

following declaration of allegiance: "I (name) as a member of the Government,

undertake to uphold the State of Israel and its laws, to faithfully fulfill my role as a

member of the Government, and to comply with the decisions of the Knesset.".

15. Cooption of a Minister



Cabinet selection

The Government may, upon the proposal of the Prime Minister, coopt an additional

Minister to the Government. When the Government has decided to coopt a Minister,

it shall notify such fact and the function of the additional Minister to the Knesset.

Upon the approval of the notification by the Knesset, the additional Minister shall

assume office, and as soon as possible after the approval he shall make his

declaration of allegiance.

16. Acting Prime Minister

a. Should the Prime Minister be absent from Israel, meetings of the Government

will be convened and conducted by the designated Acting Prime Minister.



Deputy executive

b. Should the Prime Minister be temporarily unable to discharge his duties, his

place will be filled by the Acting Prime Minister. After the passage of 100 days

upon which the Prime Minister does not resume his duties, the Prime Minister

will be deemed permanently unable to exercise his office.



Deputy executive



Head of government removal

c. Failing the appointment of a designated Acting Prime Minister, or should the

Acting Prime Minister be prevented from fulfilling his duties under sections (a)

and (b) above, the Government shall designate another Minister, who is a

member of the Knesset, to exercise that office.

17. Interrogation and impeachment of the Prime Minister

a. Criminal proceedings shall not be commenced against the Prime Minister save

with the agreement of the Attorney General.



Head of government immunity

b. Criminal proceedings shall not be commenced against someone who served as

Prime Minister on suspicion of an offense committed while in office or within a

year after serving in office, save with the consent of the Attorney General.



Head of government immunity

c. An indictment against the Prime Minister will be filed and presided over in the

Jerusalem District Court, in a presidium of three judges; proceedings regarding

an indictment filed before the Prime Minister begins his term of office shall be

prescribed by law.

d. Should the Court convict the Prime Minister of an offense, it will state in its

decision whether the offense involved moral turpitude.

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18. Removal from office pursuant to an offense



Head of government removal

a. Should the Prime Minister be convicted of an offense, which the court states

involves moral turpitude, the Knesset may remove him from office, pursuant to a

decision of a majority of the Knesset members. Should the Knesset so decide,

the Government shall be deemed to have resigned.



Cabinet removal

b. Within 30 days of the verdict becoming final, the House Committee of the

Knesset will render its decision regarding its recommendation pertaining to the

removal of the Prime Minister from office, and shall present its recommendation

to the Knesset plenum; should the House Committee fail to bring its

recommendation to the plenum during the prescribed period, the Chairman will

raise the issue in the Knesset plenum.



Legislative committees

c. No decision shall be made by either the Knesset or the House Committee of the

Knesset regarding the removal of the Prime Minister from office, before the

Prime Minister has been given an opportunity to state his case before them.

d. Should the Knesset decide not to remove the Prime Minister from office, and

should the verdict as per subsection (a) above become final, the Prime Minister

will cease to serve in office and the Government shall be deemed to have

resigned on the day the verdict becomes final.



Cabinet removal

e. The provisions of sections 42(a) and 42(b) of the Basic Law: the Knesset, shall

not apply to the Prime Minister.

19. Resignation of Prime Minister



Cabinet removal



Head of government removal

The Prime Minister may, after notifying the Government of his intention to do so,

resign by submitting a letter of resignation to the President of the State. The

resignation of the Prime Minister shall be deemed to be the resignation of the

Government.

20. Death or permanent incapacity of Prime Minister



Cabinet removal

a. If the Prime Minister dies, the Government shall be deemed to have resigned on

the day of his death.

b. Should the Prime Minister be permanently incapacitated, the Government shall

be deemed to have resigned on the 101st day during which the Acting Prime

Minister served in his place.

21. Prime Minister or Acting Prime Minister ceasing to

function as members of Knesset

a. Should the Prime Minister cease to be a Member of the Knesset, he will be

deemed to have resigned on the day his membership of the Knesset ceased. The

resignation of the Prime Minister shall be deemed to be the resignation of the

Government.



Cabinet removal



Head of government removal

b. Should an Acting Prime Minister cease to be a Knesset Member, he shall cease

to serve as Acting Prime Minister.

22. Termination of tenure of Minister



Cabinet removal

a. A Minister, other than the Prime Minister, may, after informing the Government

of his intention to do so, resign from the Government by submitting a letter of

resignation to the Prime Minister. His service in the Government will be

terminated upon the passage of 48 hours from the time the letter of resignation

reached the Prime Minister, unless he retracts his resignation prior to such time.

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b. The Prime Minister may, after informing the Government of his intention to do

so, remove a Minister from his post; the removal of Minister will take effect 48

hours after the letter notifying thereof was given to the Minister, unless the

Prime Minister retracts prior to such time.

c. The tenure of a Minister in the Government ceases upon his election or

appointment to one of the function the holders of which are debarred from

being candidates for the Knesset.

23. Termination of tenure of Minister pursuant to an

offense

a. An indictment against a Minister, except for offenses to be determined by law,

will be presented and judged in a district court; procedures regarding

indictments filed before a Minister assumed tenure will be determined by law.

b. Should a Minister be convicted by the court, it shall state in its verdict whether

the offense involves moral turpitude; should the court so state, the Minister's

tenure shall cease on the day of such verdict.



Cabinet removal

c. This section does not apply to the Prime Minister.

24. Acting Minister

a. Should a Minister, except for the Prime Minister, be absent from the country,

the Government can charge another Minister to take his place. The Acting

Minister will discharge the Minister's duties, in all or in part, as determined by

the Government.

b. Should a Minister cease to hold office or be temporarily incapable of discharging

his duties, the Prime Minister or another Minister appointed by the Government

will discharge his duties.

c. The period of tenure of an Acting Minister under subsection (b) will not exceed

three months.

25. Deputy Ministers

a. The Minister in charge of an office, may, with the consent of the Prime Minister

and the approval of the Government, appoint one Deputy Minister for the office

from among the Knesset members. A Deputy Minister shall assume his role after

notice of his appointment has been given by the Government at the Knesset; a

Deputy Minister appointed by the Prime Minister shall be entitled "a Deputy

Minister in the Prime Minister's office".

b. The Deputy Minister shall act both in the Knesset and in the ministry, on behalf

of the Minister who appointed him and within the parameters allocated to him.

c. A Knesset member seceding from his faction may not be appointed to the

position of Deputy Minister during the period of service of the same Knesset.

This provision does not apply to the splitting of a faction under the conditions

prescribed by law; for the purposes of this subsection, "secession from a faction"

as defined by section 6(a) of The Basic Law: The Knesset.

26. Termination of service of a Deputy Minister

The service of a Deputy Minister will be terminated in any of the following cases:

1. The Deputy Minister resigned by submitting a letter of resignation to the

Minister who appointed him;

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2. The Minister who appointed him ceased being a Minister or being in charge

of the same office.

3. The Prime Minister, the Government or the appointing Minister decide to

terminate the service of the Deputy Minister; however, the Prime Minister

will not dismiss a Deputy Minister without first informing both the

Government and the appointing Minister of his intention to do so.

4. A new Government was formed.

5. The Deputy Minister ceased being a Knesset Member.

27. Termination of tenure of Deputy Minister pursuant to

an offense

Should a Deputy Minister be convicted by the court, it shall state in its judgment

whether the offense involves moral turpitude; should the court so state, the Deputy

Minister's tenure shall cease on the day of the judgment.

28. Expression of no confidence in the Government

a. The Knesset may adopt an expression of no confidence in the Government.



Cabinet removal



Head of government removal

b. An expression of no confidence in the Government will be by a resolution

adopted by the majority of the Members of the Knesset to request that the

President of the State assign the task of forming a Government to a certain

Knesset Member who gave his written consent thereto.



Cabinet removal



Head of government removal

c. If the Knesset has expressed no confidence in the Government, the Government

shall be deemed to have resigned on the day of the expression of no confidence.

The President will, within two days, charge the Knesset Member so named with

the task of forming a Government.



Cabinet removal



Head of government removal

d. A Knesset Member to whom the task of forming a Government has been

assigned by the President of the State under this section shall have a period of

28 days for its fulfillment. The President may extend the period by additional

periods not in the aggregate exceeding 14 days.



Dismissal of the legislature

e. Where the periods referred to in subsection (d) have passed and the Knesset

Member has not notified the President of the State that he has formed a

Government, or where he has notified him before then that he is unable to form

a Government, the President will so notify the Chairman of the Knesset.



Dismissal of the legislature

f. If the President of the State so informed the Chairman of the Knesset as per

subsection (e), or where the Knesset Member to whom the task of forming a

Government has been assigned under this section presented a Government and

the Knesset rejected his request for confidence under section 13(d), it will be

deemed to be a Knesset resolution to disperse prior to the completion of its

period of service, and elections to the Knesset will be held on the last Tuesday

before the end of 90 days of the President's announcement, or of the rejection

of the request for confidence in the Government, as relevant.



Dismissal of the legislature

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29. Authority to disperse the Knesset



Dismissal of the legislature

a. Should the Prime Minister ascertain that a majority of the Knesset opposes the

Government, and that the effective functioning of the Government is prevented

as a result, he may, with the approval of the President of the State, disperse the

Knesset by way of an order to be published in Reshumot. The order will enter

into effect 21 days after its publication, unless a request is submitted under

subsection (c), and the Government will be deemed to have resigned on the day

of the order's publication.

b. Within 21 days of the publication of the order, a majority of the Knesset

Members may request in writing from the President of the State to assign the

task of forming a Government to a certain Knesset Member who gave his

written consent thereto, and who is not the Prime Minister.

c. Where a request as aforesaid in subsection (b) has been submitted to the

President of the State, the President shall inform the Chairman of the Knesset.

The President shall assign the task of forming a Government to the Knesset

Member named in the request within two days.

d. The Knesset Member to whom the task of forming a Government has been

assigned under this section shall have a period of 28 days for its fulfillment. The

President of the State may extend the period by additional periods not in the

aggregate exceeding 14 days.

e. Where no such request was submitted under subsection (b), or where the

periods referred to in subsection (d) have passed and the Knesset Member has

not notified the President of the State that he has formed a Government, or

where he has notified him before then that he is unable to form a Government,

the President will so notify the Chairman of the Knesset.

f. If the President of the State gave notice under subsection (e) or if the Knesset

member presented a Government and the Knesset rejected the request that it

express confidence in it under section 13(d), then the Knesset is deemed to have

decided to disperse before the end of its term of office, and elections to the

Knesset will be held on the last Tuesday before the end of 90 days of the day of

the order's entry into effect, or of the day the periods to form a Government has

passed, or of the day of the announcement to the President, or of the day of the

rejection of the request for confidence in the government, as relevant.

g. The Prime Minister may not exercise his authority according to this section -

1. From the beginning of the period of service of the incoming Knesset and

until the establishment of the new Government;

2. After the Knesset has expressed no confidence in the Government under

section 28;

3. After the resignation of the Prime Minister, or from the day on which a

verdict was given stating he has committed an offense carrying moral

turpitude and until the Knesset plenum renders its decision in the matter in

accordance with the provisions of section 18(a).

h. An Acting Prime Minister shall not be entitled to exercise the authority of the

Prime Minister under this section.

30. Continuity of Government

a. When a new Knesset has been elected or the Government has resigned under

sections 18, 19, 20, 21, 28 or 29, or if a request is submitted under section 29(b),

the President of the State shall begin proceedings for the formation of a new

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Government, as laid out in this Basic Law.

b. When a new Knesset has been elected or the Government has resigned under

sections 18, 19, 20, 21 28 or 29, the outgoing Government shall continue to

carry out its functions until the new Government is constituted.

c. A Prime Minister who has resigned shall continue to carry out his functions

pending the constitution of the new Government. If the Prime Minister has died,

or is permanently incapacitated from carrying out his duties, or if his tenure was

ended because of an offense, the Government shall designate another of the

Ministers who is a Member of the Knesset and of the Prime Minister's faction to

be Interim Prime Minister pending the constitution of the new Government.



Head of government replacement

d. A Government that serves under subsection (b) may appoint a Knesset Member

as a Minister in place of a Minister who has ceased to serve; the appointment of

a Minister under this subsection does not require the approval of the Knesset.

31. Functioning of the Government

a. The Government may, with the approval of the Knesset, change the division of

roles among the Ministers, with the exception of the role of the Prime Minister.

b. The Government may, with the approval of the Knesset, transfer authorities and

duties legally belonging to one Minister, in all or in part, to another Minister.

c. The Government may, with the approval of the Knesset, unite or divide

Government ministries, abolish or establish new ministries.

d. The Government may transfer areas of actions from one ministry to another.

e. The Government may establish permanent or temporary Ministerial

committees, or for particular matters; after the appointment of a committee the

Government may conduct its operations through it.

f. The Government will set work, meetings and debate procedures, and

decision-making processes in the Government, whether permanent or for a

specific matter.

32. Residual powers of Government



Powers of cabinet

The Government is authorized to perform in the name of the State, and subject to

any law, all actions which are not legally incumbent on another authority.

33. Delegation of powers

a. Powers granted by law (din) to the Government may be delegated to one of the

Ministers; this does not apply to powers granted in accordance with this Basic

Law, except for powers under section 32.

b. Powers granted to a Minister by law, or transferred to him under the provisions

of section 31(b), with the exclusion of the authority to make regulations, may be

delegated by the Minister, either totally or partially or subject to conditions, to a

civil servant.

c. Powers delegated by the Government to a Minister, with the exception of the

power to make regulations, may be delegated by the Minister, either totally or

partially or subject to conditions, to a civil servant, provided that the

Government empowered him to do so.

d. For the purposes of this section, the power granted to the Government or a

Minister also refers to duties incumbent upon them.

e. The provisions of this section will apply provided no other intention is evidenced

by the law conferring the power or imposing the obligation.

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34. Assumption of powers

A Minister charged with the implementation of a law, may assume any power, with

the exception of powers of a judicial nature, granted by the same law to a civil

servant, provided that no other intention is evidenced by the law; the Minister may

do the above for a particular matter or for a specific period.

35. Secrecy

a. The debates and decisions of the Government and those of the Ministerial

committees regarding the following matters are secret and their disclosure and

publication is prohibited:

1. State security;

2. Foreign relations of the State;

3. Matters regarding which the Government deems secrecy to be essential to

the State, and a notification thereof having been declared in an order, for

the purposes of this section;

4. A matter that the Government has decided to keep secret; the disclosure

and publication of such matters is forbidden only to persons who were

aware of the decision.

b. The provisions of subsection (a) shall not apply to matters regarding which the

Government or the Prime Minister, or such persons that the Government or the

Prime Minister have so specifically authorized, have permitted their publication,

or to matters the publication of which is legally mandatory.

36. Salaries and pensions

The salaries of the Ministers and the Deputy Ministers and other payments paid to

them during their period of service or thereafter, or to their next of kin after their

deaths, will be specified by law, or by virtue of a decision of the Knesset or of a

Knesset committee appointed by the Knesset for that purpose.

37. Regulations

a. The Minister charged with the implementation of a law, is empowered to make

regulations for its implementation.

b. A law may empower the Prime Minister or a Minister to make regulations in a

matter decided by the empowerment.

38. Declaration of a state of emergency



Emergency provisions

a. Should the Knesset ascertain that the State is in a state of emergency, it may, of

its own initiative or pursuant to a Government proposal, declare that a state of

emergency exists.

b. The declaration will remain in force for the period prescribed therein, but may

not exceed one year; the Knesset may make a renewed declaration of a state of

emergency as stated.

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c. Should the Government ascertain that a state of emergency exists in the State,

and that its urgency necessitates the declaration of a state of emergency even

before it becomes possible to convene the Knesset, it may declare a state of

emergency. The declaration's validity shall expire upon 7 days from its

proclamation, if not previously approved or revoked by the Knesset pursuant to

a decision by a majority of its members; should the Knesset fail to convene, the

Government may make a renewed declaration of a state of emergency as stated

in this subsection.

d. The Knesset and Governmental declarations of a state of emergency will be

published in Reshumot; should publication in Reshumot not be possible, another

appropriate manner of publication will be adopted, provided that notification

thereof be published in Reshumot at the earliest possible date.

e. The Knesset may at all times revoke the declaration of the state of emergency;

notification of its revocation will be published in Reshumot.

39. State of emergency



Emergency provisions

a. During a state of emergency the Government may make emergency regulations

for the defense of the State, public security and the maintenance of essential

services and supplies; emergency regulations will be submitted to the Foreign

Affairs and Security Committee at the earliest possible date after their

enactment.

b. Should the Prime Minister deem it impossible to convene the Government, and

that there exists an immediate and critical need to make emergency regulations,

he may make such regulations or empower a Minister to make them.

c. Emergency regulations may alter any law, temporarily suspend its effect or

introduce conditions, and may also impose or increase taxes or other

compulsory payments, unless there is another provision by law.

d. Emergency regulations may not prevent recourse to legal action, or prescribe

retroactive punishment, or allow infringement upon human dignity.



Human dignity

e. Emergency regulations shall not be enacted, nor shall arrangements, measures

and powers be implemented in their wake, except to the extent warranted by

the state of emergency.

f. The force of emergency regulations shall expire three months after the day of

their enactment, unless their force is extended by law, or they are revoked by

the Knesset by law or pursuant to a decision of a majority of the Members of

Knesset.

g. Emergency regulations shall come into force on the day of their publication in

Reshumot; should publication in Reshumot not be possible another appropriate

means of publication will be adopted provided that they be published in

Reshumot at the earliest possible date.

h. Should the state of emergency cease to exist, the regulations enacted will

remain in force for the duration of the prescribed period, however not longer

than for 60 days after the termination of the state of emergency; state of

emergency regulations whose force was lengthened by law shall remain in force.

40. Declaration of war

a. The state may only begin a war pursuant to a Government decision.



Power to declare/approve war

b. Nothing in the provisions of this section will prevent the adoption of military

actions necessary for the defense of the state and public security.

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c. Notification of a Government decision to begin a war under the provision of

subsection (a) will be submitted to the Knesset Foreign Affairs and Security

Committee as soon as possible; the Prime Minister also will give notice to the

Knesset plenum as soon as possible; notification regarding military actions as

stated in subsection (b) will be given to the Knesset Foreign Affairs and Security

Committee as soon as possible.

41. Inapplicability of emergency laws



Emergency provisions

Notwithstanding the provisions of any law, emergency regulations cannot change

this Basic Law, temporarily suspend it, or make it subject to conditions.

42. The Government and Knesset committees



Legislative committees

a. The Government will provide the Knesset and its committees with information

upon request and will assist them in the discharging of their roles; special

provisions will be prescribed by law for the classification of information when

the same is required for the protection of state security and foreign relations or

international trade connections or the protection of a legally mandated

privilege.



Legislative oversight of the executive

b. The Knesset may, at the request of at least forty of its members, conduct a

session with the participation of the Prime Minister, pertaining to a topic

decided upon; requests as stated may be submitted no more than once a month.



Legislative oversight of the executive

c. The Knesset may obligate a Minister to appear before it, similar authority is

granted to any of the Knesset committees within the framework of their tasks.



Legislative oversight of the executive

d. Any of the Knesset committees may within the framework of the discharging of

their tasks, and under the auspices of the relevant Minister or with his

knowledge, require a civil servant or any other person prescribed in the law, to

appear before them.

e. Any Minister may speak before the Knesset and its committees.

f. Details regarding the implementation of this section may be prescribed by law

or in the Knesset Rules.

43. Change in election date



Scheduling of elections

When a the date for elections to the Knesset has been set under sections 11, 28, and

29, the Knesset may - by a resolution passed by a majority of its members adopted

within five days after grounds for holding the elections arose - decide that because of

the proximity of the date of elections to a holiday, festival day or memorial day, the

elections will be postponed to a date no later than 100 days after the day on which

such grounds arose.

44. Permanence of the Law



Constitution amendment procedure

a. This Basic Law can only be changed by a majority of the Knesset Members; the

majority under this subsection will be required for decisions of the Knesset

plenum in the first, second and third readings; for purposes of this subsection,

"change" is either explicit or by implication.

b. The provisions of this subsection will not apply to sections 45 and 46.

45. Amendment of Basic Law: The Knesset - No. 30

In the Basic Law: The Knesset -

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1. The following will be added after section 21:

"21A. Knesset supervision of secondary legislation

"(c) Regulations enacted by a Minister whose violation entails criminal

punishment shall not enter into force, unless they have been approved

prior to publication by a committees of the Knesset committees responsible

for that matter; should the committee fail to approve or reject the

regulations within 45 days of receiving the regulations, the regulations will

be deemed approved.

"(d) The provisions of this subsection do not prejudice the provisions of any

Basic Law or other law regarding regulations."

2. Section 35 shall conclude "not later than five months from the adoption of

the law."

3. The following will be added after section 36:

“36A. Dispersion due to failure to adopt budget

"(c) Non-adoption of the Budget Law within three months subsequent to

the beginning of the fiscal year will be considered to be a Knesset decision

on its dispersion, prior to the completion of its term of service, on the day

following the end of this period (hereafter: the determining date), and early

elections will be held on the last Tuesday before the end of 90 days of the

determining date, unless the Knesset decides by a majority vote of its

members, within five days of the determining date, that because of the

proximity of the date of elections to a holiday, festival day or memorial day,

to postpone the elections to a date no later than 100 days from the

determining date.

"(d) Notwithstanding the provisions of subsection (a), should the President

of the State begin procedures to form a new Government under section 30

of The Basic Law: The Government, or should a law be adopted to disperse

the Knesset, or should elections to the Knesset be held, after the date for

submission of the Draft Budget under section 3 of The Basic Law: The State

Economy and before the passage of three months from the beginning of the

fiscal year, the determining day under subsection (a), shall be "three months

from the beginning of the fiscal year or 45 days from the constitution of the

Government, whichever is later."

46. Repeal of The Basic Law: The Government

The Basic Law: The Government (1992) is repealed.

47. Effect and applicability

a. The provisions of this Basic Law shall apply to elections and to formation of the

Government, beginning with elections to the 16th Knesset.

b. Subject to the provisions of subsection (a), this Law shall go into effect on the

day the Government is formed as said in subsection (a).

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c. Notwithstanding the provisions of subsection (b), section 44 shall go into effect

on the day on which this Law is published.

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Topic index

A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18, 32

Attorney general

B

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17, 26, 27

Budget bills

C

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45, 46, 47

Cabinet removal

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42, 43, 44

Cabinet selection

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

Claim of universal suffrage

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

Compensation of legislators

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19, 27, 30, 39, 52

Constitution amendment procedure

D

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41, 44

Deputy executive

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29

Designation of commander in chief

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16, 17, 43, 47, 48

Dismissal of the legislature

E

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9, 11, 41

Electoral commission

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41

Eligibility for cabinet

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9, 10, 11, 13

Eligibility for first chamber

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41

Eligibility for head of government

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20, 23

Eligibility for head of state

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31, 32

Eligibility for ordinary court judges

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31

Eligibility for supreme court judges

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19, 25, 34, 39, 50, 51, 52

Emergency provisions

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15, 41

Establishment of cabinet/ministers

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32

Establishment of judicial council

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33

Establishment of religious courts

F

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

First chamber selection

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

Foreign affairs representative

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38

Freedom of movement

H

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44

Head of government immunity

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44, 45, 47

Head of government removal

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49

Head of government replacement

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43

Head of government selection

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23

Head of state immunity

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

Head of state powers

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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23, 24

Head of state removal

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25

Head of state replacement

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20, 21

Head of state selection

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

Head of state term length

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

Head of state term limits

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37, 51

Human dignity

I

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

Immunity of legislators

J

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31

Judicial independence

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34

Judicial precedence

L

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13, 14

Leader of first chamber

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14, 15, 23, 24, 26, 27, 30, 36, 45, 52

Legislative committees

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15, 41, 52

Legislative oversight of the executive

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

Length of legislative sessions

M

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

Minimum age for first chamber

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37, 39

Motives for writing constitution

N

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20, 40, 41

Name/structure of executive(s)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29

National capital

O

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21, 31, 36, 44

Oaths to abide by constitution

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37, 39

Official religion

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36

Ombudsman

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31

Ordinary court selection

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

Outside professions of legislators

P

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51

Power to declare/approve war

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

Power to pardon

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49

Powers of cabinet

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32

Protection of judges' salaries

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

Public or private sessions

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

Publication of deliberations

Q

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

Quorum for legislative sessions

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R

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38

Regulation of evidence collection

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

Removal of individual legislators

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

Replacement of legislators

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34

Right to appeal judicial decisions

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39

Right to choose occupation

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37, 38

Right to life

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

Right to own property

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38

Right to privacy

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31

Right to public trial

S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12, 20, 52

Scheduling of elections

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

Secret ballot

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

Size of first chamber

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

Standing committees

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

Structure of legislative chamber(s)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30

Structure of the courts

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11, 33

Supreme court powers

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31

Supreme court selection

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31

Supreme court term length

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33

Supreme/ordinary court judge removal

T

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12, 17

Term length for first chamber

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

Terrorism

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

Type of government envisioned