Building on Existing Foundations The Constitution, Law, and Justice Committee has decided to apply itself to the unfinished project of drafting a constitution based on the eleven Basic Laws and the consensus of Members of Knesset from across the political spectrum. The Committee is also systematically and authoritatively addressing issues of the thorniest and greatest constitutional significance -- the tension between Jewish and democratic, constitutional review and legislative process, and a Bill of Rights -- heretofore insufficiently covered by Basic Laws. The constitution will consist in a preamble, a governmental section, and a Bill of Rights.
The Schedule The Constitution, Law, and Justice committee spent from May of 2003 to the autumn of 2004 debating the institutions of government in the constitution. These debates have concluded and a first draft for inclusion in the constitution has been completed dealing with nine Basic Laws: The Knesset; Israel Lands; The President of the State; The State Economy; The Army; Jerusalem, The Capital of Israel; The Judiciary; The State Comptroller; and The Government.
In late Summer 2004, the committee commenced its work on the Bill of Rights. The Committee has a number of teams preparing sessions and proposals for the committee, including a political rights team, a team on social and economic rights, a team on due process, and a team dedicated to Arab minority rights (led by MK Azmi Bishara). The committee is expected to complete debate on the Bill of Rights by June of 2005, and complete the first draft of the Constitution by Winter of 2005. The Constitution, Law, and Justice Committee will then vote on the text, and if approved, it will be sent to the Knesset plenum for a first reading before the elections for the 17th Knesset.
Following the first reading, the Constitution will return to the Constitutional Committee. If approved, it will be reexamined from top to bottom in preparation for a second and third reading in the 17th Knesset. If it is rejected, it will be reexamined and resubmitted to the Knesset with changes. If and when the Constitution is approved by the Knesset in a third reading, it will be brought to a national referendum.
Involving the Public The Constitution by Broad Consensus is a public process. Legal experts, political scientists, and representatives of the various sectors and groups in Israeli society attend the Committee meetings on a regular basis. The Committee views a robust public debate accompanying its own process as essential for achieving broad consensus, without which no constitutional process can be legitimate. The Committee therefore consults a wide range of experts, scholars, religious and political leaders, and the greater public in general, in its deliberations. This website, and the appeal to the Diaspora Jews, is an important part of this effort.
