A constitution serves functions and goals that are particularly important for Israel. It establishes the basic principles and laws of the state, its credo, values, and basic structure of government. In a democratic state, the constitution places limits on government, in order to prevent it from abusing its powers. The constitution also aims to prevent a tyranny of the majority, and therefore must protect both basic human rights and collective rights of minority groups.
The constitution defines the structure of government and limits its powers A written constitution defines the separation of powers between the branches of government. It also serves to remind the state institutions that their powers are limited and that their operation is subject to the rule of law. Without a written constitution, the division of powers becomes a political power struggle instead of a matter of sound principles of government. One prominent example is the tension that exists today between the Supreme Court and the Knesset, which is in large part a result of the lack of a constitution clearly delineating the respective powers of the Judiciary and the Legislature.
The constitution embodies the shared values of society
A constitution will have important symbolic and educational value. It will formally establish the dual nature of Israel as Jewish and democratic, and emphasize the commitment of its citizens to both democratic and Jewish values. The constitutional process will have significant value even if the current project ultimately fails. Deliberating the basic commitments that Israeli citizens share as a community may contribute to national unity and help to reduce social rifts and tensions, as well as reduce feelings of hostility and alienation that exist between the various sectors of Israeli society. Israel is a divided and polarized society where a sense of unity and solidarity, and the willingness to cooperate and compromise are low, while the potential for conflict and even violence is high. Under such circumstances, there is great value in a constitution that gives all groups a sense of belonging to the political community, and a sense of security that their basic interests will be respected. A constitution by broad consensus has the potential to bridge gaps, be a source of political and democratic solidarity and unity, and constitute a strong foundation for the continued existence of the state. Finally, even if this project should fail to produce a formal constitution, many sections are likely to be adopted as individual laws.
The constitution protects basic liberties and minorities
Israel's constitution will protect the basic liberties and rights of all its citizens, and will safeguard collective rights of minority groups from the threat of a tyranny of the majority (that is, an attempt by the majority to violate the rights of individuals and minorities). Israeli society includes several potentially vulnerable minority groups, particularly Arab Israelis; it is critical to ensure that political participation is open to all and that no minorities are marginalized or excluded. A written constitution will entrench Israel's fundamental values and commitments to human rights, defending them against short-term impulses to compromise them.
