Basic Laws of the State of Israel
The Basic Laws consist of the following sections, presented in varying order in different places,
President of the State
The Knesset
The Government
The Judiciary
The Israel Defense Forces
Jerusalem
Israel Lands
State Comptroller
State Economy
Human Dignity and Liberty
Freedom of Occupation
Nation State
The Knesset
Basic Law: the Knesset
Passed on February 12, 1958, by the Third Knesset.
The first basic law passed by the Knesset. The law determines that the Knesset is the house of representatives of the State of Israel, that its seat is in Jerusalem and that upon election it should include 120 members. The law then deals with the electoral system, the right to vote and be elected, the Knesset's term of office, the principles relating to the Knesset elections, the service of Knesset members, the parliamentary immunity of the Knesset members and the Knesset buildings, the work of the Knesset and its committees, and more. The law does not define the authorities of the Knesset. Article 4 of the law, which states that the Knesset shall be elected by general, national, direct, equal, secret and proportional elections, can only be amended by a majority of 61 Knesset members. Article 44, which prevents the amendment of the law by means of the Emergency Regulation, can only be amended by a majority of 80 Knesset members. The law further states that the Knesset shall not extend its term except by law passed by a majority of 80 members of the Knesset and only if special circumstances exist that prevent holding the elections at their proper time. The law also determines the date of the general elections for the Knesset.
Section | Content |
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Basic Law: The Knesset (1958) (Updated January 2003) | |
Note: The official translation (up to and including Amendment 10) of this basic law dated from 1987, since which time an additional 25 amendments were passed. This new - unofficial - translation of the law incorporates all amendments to date (January 2003). | |
What the Knesset is | 1. The Knesset is the parliament of the state. |
Place of sitting | 2. The Knesset sits in Jerusalem. |
Composition | 3. The Knesset shall, upon its election, consist of one hundred and twenty members. |
Electoral system | 4. 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 altered save by a majority of the members of the Knesset. |
The right to vote | 5. 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 list of candidates for the Knesset shall be submitted only by a party; the means of association and registering of the parties and the conditions for submitting a list of candidates shall be determined by law. |
The right to be elected | 6. (a) Every Israel national who on the day of the submission 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 the law or he has been sentenced, by a final verdict, to actual imprisonment for a term of over three months and on the day of submission of the list of candidates seven years have not passed since the day he concluded serving his term of imprisonment, unless the chairman of the Central Elections Committee has determined that the crime of which he has been convicted, in accordance with the circumstances, does not bear moral turpitude. (c) A candidate for the Knesset who has been sentenced as stated in Section (a) and whose sentence was finalized after the submission of the list of candidates and before he has begun to serve as a Knesset member, shall be treated as one who has withdrawn from the list of candidates that included his name, or from his membership in the Knesset, whichever the case, unless the chairman of the Central Elections Committee has determined that the crime 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, in accordance with Sections (a) and (c) will not be required if the court has ruled by law that the offense, in accordance with the circumstances, does bear moral turpitude. (e) For the purpose of this section,
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Restriction of candidacy for MK who leaves his faction | 6A. (a) A member of Knesset who leaves his faction and does not resign from office at the time of his leaving, shall not be included, in the election of the next Knesset, in the list of candidates submitted by a party that was represented by a faction of the outgoing Knesset; this regulation shall not apply to a faction split under circumstances determined by the Knesset Election Law.
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Who shall not be a candidate | 7. The following shall not be candidates for the Knesset: unless they have ceased to serve in that position or job, as stated, before the deadline for submitting lists of candidates for the Knesset, and unless an earlier date has been set by law. |
Prevention of participation of candidates list | 7A. 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 goals or actions of the list or the actions of the person, expressly or by implication, include one of the following: (2) incitement to racism; (3) support for armed struggle by a hostile state or a terrorist organization against the State of Israel. Term of office of the Knesset 8. The term of office of the Knesset shall be four years from the day on which it is elected. Election day is public holiday 10. Election Day shall be a public holiday, but transportation services and other public services shall function normally. Convening of the Knesset 12. The Knesset shall convene for its first meeting on Monday of the second week following the week in which the election results are published, at four o'clock in the afternoon, or, if that day is a festival or the eve of festival, on the first workday following the festival. Declaration of allegiance by members of the Knesset Non-declaration 16. If the speaker of the Knesset has called upon its members to make their declarations of allegiance and a member has not done so, that member shall not enjoy the rights of membership as long as he has not made the declaration. (c) The Knesset shall be entitled, by a majority vote of its members, to suspend the speaker or a deputy speaker or to determine restrictions on their office; particulars to be set by law. (d) The Knesset shall be entitled, by a majority vote of its members or by a larger majority to be determined by law, to dismiss the speaker or a deputy speaker; particulars to be set by law. Acting Speaker and Interim Speaker of Knesset (c) When the post of speaker of the Knesset has fallen vacant - because the speaker has resigned or has died or because the House Committee has determined that for reasons of health he is permanently unable to perform his duties - a deputy-speaker shall serve as acting speaker until the Knesset elects a new speaker. (c1) (1) If the speaker of the Knesset is suspended from his post by a decision in accordance with Section 20(c), a deputy speaker shall serve as acting speaker until the suspension is lifted or until the election of a new speaker, which ever the case may be. (2) If the speaker of the Knesset is removed from his post by a decision in accordance with Section 20(d), a deputy speaker shall serve as acting speaker until the election of a new speaker. (d) The deputy speaker who is to serve as substitute speaker or acting Knesset speaker shall be elected in that behalf by the House Committee. (e) During his tenure as substitute speaker or acting speaker of the Knesset, the deputy speaker shall serve in every capacity assigned to the speaker of the Knesset by law, shall perform every duty given the speaker of the Knesset by law, and shall exercise every power vested in the speaker of the Knesset by law. (f) The provisions of this section shall also apply, mutatis mutandis, if the circumstances envisaged in Subsections (a), (b), (c), or (c1) with regard to the speaker of the Knesset exist with regard to a deputy speaker who is serving as substitute speaker or acting speaker. Committees (c) [Annulled] Knesset control over regulations Commissions 33. [Annulled by Amendment No. 29.] Dissolution of the Knesset Continuity of the Knesset 37. The outgoing Knesset shall continue to hold office until the convening of the incoming Knesset. Resignation of Knesset member 40. 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 speaker of the Knesset or, if the member is unable to present the letter personally, by delivery thereof in the manner prescribed by the rules; the letter of resignation shall be signed on the day of the presentation or delivery. |
Termination of tenure or candidacy | 42. If a member of the Knesset or an elected candidate for Knesset membership has been appointed to a position whose holder is barred from being a candidate for the Knesset, his membership in the Knesset or candidacy for the Knesset, whichever applies, ceases upon his election or his appointment to one of the above positions; for this purpose, |
Knesset Member who has been convicted | 42A.(a) If a Knesset member has been convicted of a felony by a final verdict, and the court by its own initiative or at the request of the attorney-general has determined that the offense bears moral turpitude, his membership in the Knesset shall end on the day the court issued its final verdict, no matter if the offense was committed when he was a member of that same Knesset, a member of a previous Knesset, or before he was a member of Knesset. |
Suspension | 42B. (a) If a Knesset member has been convicted of a felony, the House Committee may, upon the proposal of any Knesset member, suspend him from office as a Knesset member for the period during which the verdict is not final. (b1) The regulations of this section shall also apply to a Knesset member who has been convicted of an offense as stated in Sub-section (a) or (b) before becoming a Knesset member. (c) The House Committee shall not pass a resolution under this section before the Knesset member has been given an opportunity to be heard. Replacement Stability of the law 44. Notwithstanding the provision of any other law, this law cannot be altered, suspended, or made subject to conditions, by emergency regulations. |
When a special majority is required | 46. Under this law, changing Sections 4, 9A, 34, 44, or 45 shall require a majority vote by the Knesset plenum for first, second, and third readings; under this section, |
DAVID BEN-GURION * Passed by the Knesset on the 22nd Shevat, 5718 (12th February, 1958) and published in Sefer Ha-Chukkim No, 244 of the 30th Shevat. 5718 (20th February. 1958). p. 69; the Bill was published in Hatza'ot Chok No, 180 of 5714, p. 18. |
Israel Lands
Basic Law: Israel Lands
Passed on July 25, 1960, by the Fourth Knesset.
The law prohibits the transfer of ownership over lands owned by the state, the Development Authority or the Jewish National Fund, either by sale or by any other means, with the exception of types of land or transactions that have been specified in the law. The law does not contain any entrenched clauses.
Section | Content |
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Basic Law: Israel Lands | |
Prohibition of transfer of ownership | 1. 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. |
Permission by Law | 2. Section 1 shall not apply to classes of lands and classes of transactions determined for that purpose by Law. |
Definition | 3. In this Law, |
DAVID BEN-GURION *Passed by the Knesset on the 24th Tammuz, 5720 (19th July, 1960) and published in Sefer Ha-Chukkim No. 312 of the 5th Av, 5720 (29th July, 1960), p. 56 ; the Bill and an Explanatory Note were published in Hatza'ot Chok No. 413 of 5720, p. 34. https://www.mfa.gov.il/MFA/MFA-Archive/1960-1969/Pages/Basic%20Law-%20Israel%20Lands.aspx |
The President
Basic Law: The President of the State (1964)
Passed on June 16, 1964, by the Fifth Knesset.
The law, which includes instructions that were previously scattered in other laws, determines that the President shall stand at the head of the State and that the place of residence of the President shall be Jerusalem. It further states that the President shall be elected by the Knesset for a period of seven years and will serve for one term only. The law also deals with the President's qualifications and powers, and the procedures of the President's work.
Section | Content |
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Basic Law: The President of the State | |
Status | 1. A President shall stand at the head of the State. |
Place of residence. | 2. The place of residence of the President of the State shall be Jerusalem. |
Election and period of tenure | 3. (a) The President of the State shall be elected by the Knesset for seven years. |
Eligibility | 4. Every Israel national who is a resident of Israel is qualified to be a candidate for the office of President of the State. |
Date of election | 5. 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 Speaker of the Knesset, in consultation with the Deputy Speaker, shall fix the day of the election and shall notify it to all the Members of the Knesset in writing at least twenty days in advance. If the day of the election does not fall in one of the session terms of the Knesset, the Speaker of the Knesset shall convene the Knesset for the election of the President of the State. |
Proposal of candidates | 6. (a) When the day of the election has been fixed, any ten or more Members of the Knesset may propose a candidate. The proposal shall be in writing and shall be delivered to the Speaker of the Knesset, together with the consent of the candidate in writing or by telegram, not later than ten days before the day of the election. A member of the Knesset shall not sponsor the proposal of more than one candidate. Voting 7. The election of the President of the State shall be by secret ballot at a meeting of the Knesset assigned only for that purpose. Making of declaration and commencement of period of tenure 10. The President-Elect shall make his declaration of allegiance and begin to hold office upon the expiration of the period of tenure of the preceding President of the State. 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. (2) shall take action to achieve the formation of a Government and shall receive the resignation of the Government in accordance with Law; (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; (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-holders. (b) The President of the State shall have power to pardon offenders and to lighten penalties by the reduction or commutation thereof. (c) The President of the State shall carry out every other function and have every other power assigned to him by Law. Counter-signature 12. The signature of the President of State on an official document, other than a document connected with the formation of a Government, shall require the countersignature of the Prime Minister or of such other Minister as the Government may decide. (c) The immunity of the President of the State under this section shall continue after he has ceased to be President of the State. Immunity from criminal proceedings 14. 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 offense. Departure for abroad 18. The President of the State shall not leave the territory of the State save with the sanction of the Government. (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 authorised 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 Speaker 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 Speaker of the Knesset shall convene the Knesset for the proceedings. Vacation of post for reasons of health 21. (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. (c) If the Knesset resolves as aforesaid, the place of the President of the State shall become vacant on the day of the resolution. Temporary cessation of exercise of office 22. (a) The President of the State shall temporarily cease to carry out his functions and exercise his powers - (2) if he notifies the House Committee that for reasons of health 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; (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. Interim President and Acting President 23. (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 Speaker of the Knesset shall hold office as Interim President of the State. (c) While holding office as Interim President of the State or Acting President of the State, the Speaker 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. Notices in Reshumot 24. (a) The Speaker of the Knesset shall publish a notice in Reshumot as to - (2) the vacancy of the place of the President of the State; (3) the commencement and termination of the tenure of the Speaker 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. Law not to be affected by emergency regulations 25. Notwithstanding the provisions of any other law, this Law cannot be varied, suspended, or made subject to conditions, by emergency regulations. (2) the State President (Tenure) Law, 5712-1951(2); (b) The State President, Government Members and Chief Rabbis of Israel (Fixing of Salaries) Law, 5711-1950(3), shall no longer apply to the salary of the President of the State or to payments due to him or his survivors. |
Transitional provision | 27. 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. |
LEVI ESHKOL * Passed by the Knesset on the 6th Tamuz, 5724 (16th June 1964) and Published in Sefer Ha-Chukkim No. 428 of the 15th Tammuz, 5724 (25th June, 1964), p. 118; the Bill and an Explanatory Note were published in Hatza'ot Chok No. 543 of 5723, p. 136. (1) Sefer Ha-Chukkim of 5709, p. 1; LSI vol. III, p. 3. |
The Government
Basic Law: The Government (2001)
Passed initially on August 13, 1968, by the Sixth Knesset.
On March 18, 1992, the 12th Knesset replaced the law in order to change the electoral system, with the purpose of creating a direct prime ministerial elections system from the 14th Knesset and onward. The law, in its amended version, was approved by the 15th Knesset on March 7, 2001. It went into effect on the day of the elections for the 16th Knesset and repealed the direct election of the Prime Minister. The current version of the law determines that the seat of the Government is Jerusalem and that the Government holds office by virtue of the confidence of the Knesset and is collectively responsible to the Knesset. The law also determines the manner in which a government is formed, as well as its functions and powers. The law can only be amended by a vote of the majority of the Knesset members.
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Note: The former Basic Law: The Government 5752-1992 entered into effect with the elections to the 14th Knesset (1996), replacing the original Basic Law: The Government 1968. On March 7, 2001, the Knesset voted to change the system of direct prime-ministerial elections and restore the one-vote parliamentary system of government that operated until 1996, approving a reformed version of the original law. The Basic Law: The Government (2001) entered into effect with the elections to the 16th Knesset (January 28, 2003). Unofficial Translation | |
What the Government is. | 1. The Government is the executive authority of the State. |
Seat of Government. | 2. The seat of the Government is Jerusalem. |
Confidence of the Knesset. | 3. The Government holds office by virtue of the confidence of the Knesset. (c) A Minister shall be in charge of a Ministry; there may be Ministers without Portfolio. (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. Eligibility of Ministers. 6. (a) A Minister must be an Israeli citizen and a resident of Israel. (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. (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. Assignment of (c) This section shall not apply to the formation of a Government following a no confidence vote according to section 28; in the event of an application to the President under section 29(b), the provisions specified in those sections shall apply. Periods for (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. Assignment of (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 fulfilment. Early elections in the event of failure to form a government. 11. (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 Speaker. Discontinuance (c) The Knesset Member who has formed a Government shall head it. (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. Declaration of and each of the other Ministers shall make the following declaration of allegiance:
Cooption of a (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 to exercise that office. Interrogation and impeachment of the Prime Minister 17. (a) Criminal proceedings shall not be commenced against the Prime Minister save with the agreement of the Attorney General. (b) 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. (c) Should the Court convict the Prime Minister of an offense, it will state in its decision whether the offense involved moral turpitude. Removal from office pursuant to an offense 18. (a) Should the Prime Minister be convicted of an offense which the court defined as involving 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. (c) No decision shall be made by either the Knesset or the Knesset Committee 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 section (a) above become final, the Prime Minister will cease to serve in office and the Government shall be deemed to have resigned. (e) The provisions of sections 42(a) and 42(b) of the Basic Law: the Knesset, shall not apply to the Prime Minister. Resignation of Prime Prime Minister or Acting Prime Minister ceasing to function as member of Knesset. 21. (a) Should the Prime Minister cease to function as a member of the Knesset, he will be deemed to have resigned; the Government shall be deemed to have resigned the same day. Termination of (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. Termination of tenure of Minister pursuant to an offense. 23. (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. (c) This section does not apply to the Prime Minister. Acting Minister. 24. (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. (c) The period of tenure of an Acting Minister under subsection (b) will not exceed three months. Deputy Ministers 25. (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 to the Knesset; a Deputy Minister appointed by the Prime Minister shall be entitled (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, Termination of service of a Deputy Minister 26. The service of a Deputy Minister will be terminated in any of the following cases: (2) The same Minister 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. Termination of tenure of Deputy Minister pursuant to an offense. 23. (a) 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. (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. (d) A 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 fulfilment. The President of the State may extend the period by additional periods not in the aggregate exceeding 14 days. (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 Speaker of the Knesset. (f) If the President so informed the Speaker of the Knesset as per subsection (e) or where he presented a Government and the Knesset rejected his request for confidence under section 13(d), it will be deemed to be a Knesset decision 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. Authority to disperse the Knesset. 29. (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. (c) Where a request as aforesaid has been submitted to the President, the President shall inform the Speaker 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) A 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 fulfilment. The President of the State may extend the period by additional periods not in the aggregate exceeding 14 days. (e) Should no such request be submitted under subsection (b), or if the period defined in subsection (d) passed, and the Knesset Member did not inform the President that he formed a government or where he presented a Government and the Knesset rejected his request for confidence under section 13(d), it will be deemed to be a Knesset decision 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. (f) If the President gave notice under subsection (3) 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 President's announcement, or 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 - (3) After the resignation of the Prime Minister, or from the day on which the Knesset committee of the Knesset decided to recommend that he be removed from service and until the day 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. (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. (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. Functioning of the Government 31. (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. (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 and debate procedures, and decision-making processes in the Government, whether permanent or for a specific matter. Residual powers of Government 32. 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. (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 and 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. Assumption of powers 34. A Minister charged the implementation of the law, may assume any power, with the exception of powers of a judicial nature, granted by 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. (3) Matters regarding which the Government deems secrecy to be essential to the State, a notification thereof having been declared in an order, for the purposes of this law; (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 specifically authorized, have permitted their publication or matters the publication of which is legally mandatory. Salaries and pensions 36. 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 a public committee appointed by the Knesset for that purpose. Declaration of a state of emergency 38. (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. (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 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. State of emergency 39. (a) During a state of emergency the Government may make emergency regulations for the defense of the State, public security and the maintenance of supplies and essential services; emergency regulations will be submitted to the Foreign Affairs and Security Committee at the earliest possible date after their enactment. (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 be another provision by law. (d) Emergency regulations may not prevent recourse to legal action, or prescribe retroactive punishment or allow infringement upon 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 as soon as possible. (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. Declaration of war 40. (a) The state may only begin a war pursuant to a Government decision. (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. Inapplicability of emergency laws 41. Notwithstanding the provisions of any law, emergency regulations cannot change this Basic Law, temporarily suspend it, or make it subject to conditions. (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. (d) Any of the Knesset committees may within the framework of the discharging of their duties, and under the auspices of the relevant Minister and 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 articles. Change in election date. 43. When a the date for elections to the Knesset has been set under sections 11, 28, and 29, the Knesset may - by a majority vote 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 or memorial day, the elections will be postponed to a date no later than 100 days after the day on which such grounds arose . Amendment of Basic Law: The Knesset - No. 30 45. In the Basic Law: The Knesset -
(b) The provisions of this subsection do not prejudice the provisions of any Basic Law or other law regarding regulations. (2) Section 35 shall conclude (3) The following will be added after section 36: 36(a). (b) Notwithstanding the provisions of subsection (a), should the President 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 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 |
Repeal of The Basic Law: The Government. | 46. The Basic Law: The Government (1992) is repealed. |
Effect and applicability. | 47. (a) The provisions of this Basic Law shall apply to elections and to formation of the Government, beginning with elections to the 16th Knesset. |
ARIEL SHARON MOSHE KATSAV AVRAHAM BURG * Passed by the Knesset on the 12th Adar, 5761 (7th March, 2001) and published in Sefer Ha-Chukkim No. 1780, p. 158; the Bill and an Explanatory Note were published in Hatza'ot Chok No. 2756 of 5758, p. 72. https://www.mfa.gov.il/MFA/MFA-Archive/2001/Pages/Basic%20Law-%20The%20Government%20-2001-.aspx |
The State Economy
Basic Law: The State Economy (1975)
Passed on July 21, 1975, by the Eighth Knesset.
The law determines the procedures for the imposition of taxes and fees, as well as the guidelines for conducting transactions in State property. It also determines the guidelines for setting the State budget and additional legislation related to the budget, as well as for the printing of legal tender currency notes and the minting of legal tender coins.
Section | Content |
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Basic Law: The State Economy | |
Taxes, compulsory loans, and fees | 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. |
State property | 2. 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. |
The State Budget | 3. (a) (1) The State Budget shall be prescribed by Law. (b) (1) The Government shall lay the Budget Bill on the table of the Knesset at the time prescribed by the Knesset or by a committee of the Knesset empowered by it in that behalf. (2) The Budget Bill shall be accompanied by an estimate of the sources for financing the Budget. (c) In case of necessity, the Government may bring in an Additional Budget Bill during the financial year. (d) Where it appears to the Government that the Budget Law will not be adopted before the beginning of the financial 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. |
Currency notes and coins | 4. The printing of legal tender currency notes and the minting of legal tender coins, and the issue thereof, shall be done under Law. |
Inspection | 5. The State economy shall be subject to the inspection of the State Comptroller. Particulars shall be prescribed by Law. |
YITZCHAK RABIN * Passed by the Knesset on the 13th of Av, 5735 (21st July, 1975) and published in Sefer Ha-Chukkim No. 777 of the 23rd Av, 5735 (31st July, 1975), p. 206; the Bill and an Explanatory Note were published in Hatza'ot Chok No. 1039 of 5733, p. 147. | |
Basic Law: The State Economy (Amendment) | |
Amendment of section 1 | 1. In section 1(b) of the Basic Law: The State Economy**, after the words |
MENAHEM BEGIN * Passed by the Knesset on the 2nd Sivan, 5742 (24th May, 1982) and published in Sefer Ha-Chukkim No. 1052 of the 10th Sivan, 5742 (1st June, 1982), p. 170; the Bill and an Explanatory Note were published in Hatza'ot Chok No. 1569 of 5742, p. 88. ** Sefer Ha-Chukkim of 5735, p. 206; LSI vol. XXIX, p. 273. | |
Basic Law: The State Economy (Amendment No. 2)* | |
Amendment of section 3 | 1. In section 3(b) the Basic Law: The State Economy**, paragraph (2) shall be re-marked as paragraph (4) and the following paragraph shall be inserted before it:
(3) The detailed Budget Bill of the Ministry of Defence 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. |
MENAHEM BEGIN * Passed by the Knesset on the 7th Nisan, 5743 (21st March, 1983) and published in Sefer Ha-Chukkim No. 1079 of the 16th Nisan, 5742 (30th March, 1983), p. 58; the Bill and an Explanatory Note were published in Hatza'ot Chok No. 1611 of 5743, p. 102. ** Sefer Ha-Chukkim of 5735, p. 206 - LSI vol. XXIX, p. 273; Sefer Ha-Chukkim of 5742, p. 170 - LSI vol. XXXVI, p. 181. https://www.mfa.gov.il/MFA/MFA-Archive/1970-1979/Pages/Basic%20Law-%20The%20State%20Economy.aspx |
The Army
Basic Law: The Army (1976)
Passed on March 31, 1976, by the Eighth Knesset.
Until the law was passed, the constitutional and legal basis for the operation of the Israel Defense Forces was to be found in the IDF Ordinance of 1948. The law is based on the said ordinance and determines that the IDF is the army of the State and that it is forbidden to form or maintain an armed force other than the IDF, save by law. The law also deals with mandatory service and enlistment, as well as with instructions and orders in the army. It further states that the army is subject to the authority of the Government and that the Minister of Defense is in charge of the army on behalf of the Government. The law determines the procedure for appointing the Chief of Staff and includes guidelines related to issues that were addressed by the Agranat Commission, which investigated the circumstances of the outbreak of the Yom Kippur War.
Section | Content |
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Basic Law: The Army | |
Defence Army of Israel | 1. The Defence Army of Israel is the army of the State. |
Subordination to civil authority | 2. (a) The Army is subject to the authority of the Government. |
Chief of the General Staff | 3. (a) The supreme command level in the Army is the Chief of the General Staff. |
Duty to serve and recruitment | 4. The duty of serving in the Army and recruitment for the Army shall be as prescribed by or by virtue of Law. |
Instructions and orders in the Army | 5. The power to issue instructions and orders binding in the Army shall be prescribed by or by virtue of Law. |
6. No armed force other than the Defence Army of Israel shall be established or maintained except under Law. | |
YITZCHAK RABIN * Passed by the Knesset on the 29th Adar Bet, 5736 (31st March, 1976) and published in Sefer Ha-Chukkim No. 806 of the 9th Nisan, 5736 (9th April, 1976), p. 154; the Bill and an Explanatory Note were published in Hatza'ot Chok No. 1197 of 5735, p. 418. https://www.mfa.gov.il/MFA/MFA-Archive/1970-1979/Pages/Basic%20Law-%20The%20Army.aspx |
Jerusalem, the Capital of Israel
Basic Law: Jerusalem, the Capital of Israel (1980)
Passed on December 13, 1980, by the Ninth Knesset.
The intention of the law is to establish the status of Jerusalem as the capital of Israel and secure its integrity and unity. It determines that Jerusalem is the seat of the President of the State, the Knesset, the Government and the Supreme Court. The law also deals with the status of the holy sites, secures the rights of people of all religions, and states that 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. There are no entrenched clauses in this law.
Section | Content |
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Basic Law: Jerusalem, Capital of Israel | |
Jerusalem, Capital of Israel | 1. Jerusalem, complete and united, is the capital of Israel. |
Seat of the President, the Knesset, the Government and the Supreme Court | 2. Jerusalem is the seat of the President of the State, the Knesset, the Government and the Supreme Court. |
Protection of Holy Places | 3. 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. |
Development of Jerusalem | 4. (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. |
MENAHEM BEGIN * Passed by the Knesset on the 17th Av, 5740 (30th July, 1980) and published in Sefer Ha-Chukkim No. 980 of the 23rd Av, 5740 (5th August, 1980), p. 186; the Bill and an Explanatory Note were published in Hatza'ot Chok No. 1464 of 5740, p. 287. |
The Judiciary
Basic Law: The Judiciary (1984)
Passed on February 28, 1984, by the Tenth Knesset.
The law establishes the authority of the courts in criminal and disciplinary proceedings, as well as the independence of the judiciary and the openness of judicial proceedings. It also determines the procedures for the appointment of judges. The law includes an instruction regarding its permanence and protection from changes by means of emergency regulations.
Section | Content |
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Basic Law: The Judiciary | |
Chapter One: Basic Provisions | |
Judicial power | 1. (a) Judicial power is vested in the following courts**: In this Law, (b) Judicial power is vested also in the following: |
Independence | 2. A person vested with judicial power shall not, in judicial matters, be subject to any authority but that of the Law. |
Publicity of proceedings | 3. A court shall sit in public unless otherwise provided by Law or unless the court otherwise directs under Law. |
Chapter Two: Judges | |
Appointment of judges | 4. (a) A judge shall be appointed by the President of the State upon election by a Judges' Election Committee. |
Nationality | 5. Only an Israeli national shall be appointed judge. |
Declaration of allegiance | 6. A person appointed judge shall make a declaration of allegiance before the President of the State. The declaration shall be as follows: (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 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. Retired judge 8. 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. Salary and benefits 10. (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. Judge not to engage in additional occupation, etc. 11. A judge shall not engage in an additional occupation, and shall not carry out any public function save with the consent of the President of the Supreme Court and the Minister of Justice. (c) The provisions of this section shall not apply to categories of offences designated by Law. Disciplinary proceedings 13. (a) A judge shall be subject to the jurisdiction of a Court of Discipline. (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 authorised to impose shall be prescribed by Law. The rules of procedure shall be in accordance with Law. Suspension 14. Where a complaint or information is filed against a judge, the President of the Supreme Court may suspend him from office for such period as he may prescribe. (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). (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 - (1) to make orders for the release of persons unlawfully detained or imprisoned. (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 is the applicant did not raise the question of jurisdiction at the earliest opportunity; and if he had no measurable 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. (e) Other powers of the Supreme Court shall be prescribed by Law. Registrar 21. A court may have a registrar, who may or may not be a judge. Law not to be affected by emergency regulations 22. This Law cannot be varied, suspended, or made subject to conditions by emergency regulations. (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; (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. Provisions to be prescribed under Law 24. Provisions as to the following matters shall be prescribed under Law: (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. |
YITZCHAK SHAMIR CHAIM HERZOG * Passed by the Knesset on the 25th Adar Alef, 5744 (28th February, 1984) and published in Sefer Ha-Chukkim No. II 10 of the 4th Adar Bet, 5744 (8th March, 1984), p. 78; the Bill and an Explanatory Note were published in Hatza'ot Chok No. 1348 of 5748, p. 237. ** The Hebrew for https://www.mfa.gov.il/MFA/MFA-Archive/1980-1989/Pages/Basic%20Law-%20The%20Judiciary.aspx |
The State Comptroller
Basic Law: The State Comptroller (1988)
Passed on February 15, 1988, by the Twelfth Knesset.
The law, a collection of instructions which had previously been scattered in other laws, determines the powers, tasks and duties of the State Comptroller, who also functions as Ombudsman. It also determines the manner in which the State Comptroller is elected and states that he/she is responsible solely to the Knesset.
Section | Content |
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Basic Law: The State Comptroller | |
Essence | 1. The State Audit shall be implemented by the State Comptroller. |
State Audit | 2. (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. |
Duty to provide information | 3. 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. |
Comptroller as Commissioner for Complaints | 4. 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'. |
Additional tasks | 5. The State Comptroller shall undertake additional tasks as provided by law. |
Accountability to the Knesset | 6. In carrying out his functions, the State Comptroller shall be accountable only to the Knesset and not to the Cabinet. |
Election | 7. (a) The State Comptroller shall be chosen by the Knesset in a secret ballot; the exact arrangements shall be set by law. |
Term of office | (b) The term of office of the State Comptroller shall be five years. |
Qualifications | 8. Any Israeli citizen, residing in Israel, shall be eligible to serve as State Comptroller; any additional qualifications may be determined by law; a person who has served two consecutive terms as State Comptroller may not be a candidate for election to a third consecutive term. |
Pledge of allegiance | 9. The State Comptroller-elect shall make and sign before the Knesset the following declaration: |
Budget | 10. 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. |
Salary and emoluments | 11. 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. |
Contact with Knesset and issuance of reports | 12. (a) The State Comptroller shall maintain contact with the Knesset, as determined by law. |
Removal from office | 13. The State Comptroller shall not be removed from office except by a two-thirds majority of those Knesset members voting; arrangements for impeachment shall be determined by law. 14. 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. |
YITZCHAK SHAMIR * Published in Sefer Ha-Chukkim, 5748, p. 30. https://www.mfa.gov.il/MFA/MFA-Archive/1980-1989/Pages/Basic%20Law-%20The%20State%20Comptroller.aspx |
Freedom of Occupation
Basic Law: Freedom of Occupation (1994)
The law was passed in its original version on March 3, 1992, by the Twelfth Knesset.
The second version of the law was passed on March 9, 1994, by the Thirteenth Knesset. The law established the right of every citizen or inhabitant to engage in any occupation, profession or trade unless a law which corresponds to the values of the State of Israel, and which serves an appropriate purpose, determines otherwise. The law includes an instruction regarding its permanence and protection from changes by means of emergency regulations. Only a majority of at least 61Knesset members can amend the law. However, the text states that the Knesset may pass a regular law that violates the freedom of occupation, with a majority of at least 61 Knesset members, if it explicitly states that it is valid
despite what is stated in this Basic Law.The validity of such a law shall expire at the end of four years from its inception, unless an earlier date was prescribed in it.
Section | Content |
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Basic Law: Freedom of Occupation* | |
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. |
Purpose | 2. The purpose of this Basic Law if 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. |
Freedom of occupation. | 3. Every Israel national or resident has the right to engage in any occupation, profession or trade. |
Violation of freedom of occupation | 4. 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 autorisation in such law. |
Application | 5. All governmental authorities are bound to respect the freedom of occupation of all Israel nationals and residents. |
Stability | 6. This Basic Law shall not be varied, suspended or made subject to conditions by emergency regulations. |
Entrenchment | 7. This Basic Law shall not be varied except by a Basic Law passed by a majority of the members of the Knesset. |
Effect of nonconforming law | 8. 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. |
Repeal | 9. Basic Law: Freedom of Occupation** is is hereby repealed. |
Provisional | 10. 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 two years from the commencement of this Basic Law, unless repealed earlier; however, such provisions shall be construed in the spirit of the provisions of this Basic Law. |
Amendment of Basic Law: Human Dignity and Liberty | In Basic Law: Human Dignity and Liberty - 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.
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YITZHAK RABIN SHEVAH WEISS * Passed by the Knesset on the 26th Adar, 5754 (9th March, 1994) and published in Sefer Ha-Chukkim No. 1454 of the 27th Adar, 5754 (10th March, 1994) p. 90; the Bill and an Explanatory Note were published in Hatza'ot Chok No. 2250 of 5754, p. 289. https://www.mfa.gov.il/MFA/MFA-Archive/1994/Pages/Basic%20Law-%20Freedom%20of%20Occupation-.aspx |
Human Dignity and Liberty
Basic Law: Human Dignity and Liberty (1992)
Passed on March 17, 1992, by the Twelfth Knesset.
The law determines that the basic human rights in Israel are based on the recognition of the value of the human being, the sanctity of his life, and his being a free person. The purpose of the law is to protect human dignity and liberty, in order to anchor the values of the State of Israel as a Jewish and democratic state, in a basic law. The law defines human freedom in Israel as being the right to leave the country and enter it, as well as the right to privacy and intimacy, refrainment from searches relating to one's private property, body and possessions, and avoidance of violations of the privacy of one's speech, writings and notes. Violations of the dignity or freedom of man is permitted only in accordance with the law. The law includes an instruction regarding its permanence and protection from changes by means of emergency regulations.
Section | Content |
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Basic Law: Human Dignity and Liberty* | |
Purpose | 1. 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. |
Preservation of life, body and dignity | 2. There shall be no violation of the life, body or dignity of any person as such. |
Protection of property | 3. There shall be no violation of the property of a person. Privacy 7. (a) All persons have the right to privacy and to intimacy. (c) No search shall be conducted on the private premises of a person, nor in the body or personal effects. (d) There shall be no violation of the confidentiality of conversation, or of the writings or records of a person. Violation of rights 8. 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. |
YITZHAK SHAMIR DOV SHILANSKY * Passed by the Knesset on the 12th Adar Bet, 5752 (17th March, 1992) and published in Sefer Ha-Chukkim No. 1391 of the 20th Adar Bet, 5752 (25th March, 1992); the Bill and an Explanatory Note were published in Hatza'ot Chok, No. 2086 of 5752, p. 60. | |
Basic Law: Human Dignity and Liberty - Amendment* | |
Amendment of section 1 | (1) Section 1 shall be designated 1(a) and shall be preceded by the following section: Basic principles
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YITZHAK RABIN SHEVAH WEISS * Passed by the Knesset on the 21st Adar, 5754 (9th March, 1994) and published in Sefer Ha-Chukkim No. 1454 of the 27th Adar 5754 (10th March, 1994), p. 90; the Bill and an Explanatory Note were published in Hatza'ot Chok No. 2250 of 5754, p. 289. |
Referendum
Basic Law: Referendum (2014)
Passed on March 12, 2014, by the Nineteenth Knesset.
The law determines that should the Government decide to ratify an agreement, or sign an agreement, according to which the law, jurisdiction and administration of the State of Israel shall no longer apply to territory in which they currently apply, including an agreement that involves a future undertaking, and a conditioned undertaking, after the agreement has been approved by the Knesset by an absolute majority, it shall require approval in a referendum, unless it has been approved by a majority of 80 Members of the Knesset. This law can only be changed by means of a basic law adopted by an absolute majority of the Knesset members.
Nation State
Basic Law: Israel - the Nation State of the Jewish People
Passed on July 19, 2018, by the Twentieth Knesset.
The law determines, among other things, that the Land of Israel is the historical homeland of the Jewish people; the State of Israel is the nation state of the Jewish People, in which it realizes its natural, cultural, religious and historical right to self-determination; and that exercising the right to national self-determination in the State of Israel is unique to the Jewish People. The law also deals with the State’s symbols and official language, the status of Jerusalem, the State’s connection with the Jewish People and the Ingathering of Exiles.
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The following is the complete, unofficial translation of the final version of Basic Law: Israel as the Nation State of the Jewish People, passed by the Knesset on July 19, 2018. https://m.knesset.gov.il/en/news/pressreleases/pages/pr13978_pg.aspx | |
Basic Law: Israel as the Nation State of the Jewish People | |
The State of Israel | 1. The State of Israel a) Israel is the historical homeland of the Jewish people in which the state of Israel was established. b) The state of Israel is the nation-state of the Jewish people, in which it actualizes its natural, religious, and historical right for self-determination. c) The actualization of the right of national self-determination in the state of Israel is unique to the Jewish people. |
National symbols | 2. National symbols of the State of Israel a) The name of the state is Israel. b) The flag of the state is white, two blue stripes near the edges, and a blue Star of David in the center. c) The symbol of the state is the Menorah with seven branches, olive leaves on each side, and the word Israel at the bottom. d) The national anthem of the state is e) [Further] details concerning the issue of state symbols will be determined by law. |
Jerusalem | 3. [The] unified and complete [city of] Jerusalem is the capital of Israel. |
Language | 4. The Language of the State of Israel a) Hebrew is the language of the state. b) The Arabic language has a special status in the state; the regulation of the Arab language in state institutions or when facing them will be regulated by law. c) This clause does not change the status given to the Arabic language before the basic law was created. |
Ingathering of the Exiles | 5. The state will be open to Jewish immigration and to the gathering of the exiled. |
Diaspora | 6. The Diaspora a) The state will labor to ensure the safety of sons of the Jewish people and its citizens who are in trouble and captivity due to their Jewishness or their citizenship. b) The state shall act within the Diaspora to strengthen the affinity between the state and members of the Jewish people. c) The state will act to preserve the cultural, historical and religious legacy of the Jewish people among the Jewish diaspora. |
Settlement | 7. The state views Jewish settlement as a national value and will labor to encourage and promote its establishment and development. |
Calendar | 8. The Hebrew calendar is the official calendar of the state and alongside it the secular calendar will serve as an official calendar. The usage of the Hebrew calendar and of the secular calendar will be determined by law. |
Holidays | 9. National Holidays a) Independence Day is the official holiday of the state. b) The Memorial Day for those who fell in the wars of Israel and the Memorial Day for the Holocaust and heroism are official memorial days of the state. |
Shabbat | 10. The Sabbath and the Jewish Holidays are the official days of rest in the state. Those who are not Jewish have the right to honor their days of rest and their holidays. Details concerning these matters will be determined by law. |
Legal standing | 11. This Basic Law may not be altered except by a Basic Law that gained the approval of the majority of the Knesset members. |
Temporary Provision
Basic Law: The State Budget for the Years 2017 and 2018 (Special Provisions) (Temporary Provision)