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Israel News Pulse

Opinion

Israel Needs a Constitution That Secures Its Jewish Future

Israeli flag, the Knesset and a closed book with a pen on a stone ledge
Israeli flag and the Knesset Disclaimer

Israel's Jewish and Zionist character needs lasting constitutional protection. Citizenship should carry an equally clear commitment: guaranteed rights, defined responsibilities and allegiance to the state whose future citizens help decide.

The state must adopt a full, formal constitution that firmly protects its Jewish and Zionist character. Those foundations should bind governments, lawmakers and judges alike. No election victory, coalition agreement or judicial interpretation should provide a shortcut around them.

The same constitution must define what citizenship requires. The state owes its citizens rights and protection. Citizens, in return, should pledge allegiance to the State of Israel. Anyone unwilling to make that commitment should not qualify for Israeli citizenship or the right to vote in its national elections.

These principles belong together. A constitution should establish both the character of the state and the terms of belonging to it.

Finish the constitutional foundation

Israel already has Basic Laws with constitutional status. The 2018 Nation-State Basic Law recognizes Israel as the nation state of the Jewish people. A complete, formal constitution would bring those foundations into a comprehensive framework, with clear protections and rules governing every branch of power.

That framework should explicitly secure Jewish national self-determination and Israel's Zionist purpose as the national home of the Jewish people. It should also guarantee individual rights, religious freedom and equal treatment under the law.

Putting these commitments in the same document would make the constitutional bargain clear. Israel would protect its national identity while defining, in binding terms, the rights it owes its citizens.

Neither commitment should depend on the preferences of whoever happens to hold office.

Elections change governments, not the state's purpose

Voters should be able to replace leaders, reject policies and demand a different direction. That freedom gives elections their meaning. It does not follow that every parliamentary majority should be able to remake the country's foundational character.

A constitution should draw that boundary.

Ordinary legislation and emergency measures should have no power to override its core provisions. Fundamental amendments should require broad parliamentary agreement and public ratification, making constitutional change a deliberate national decision.

Courts would have an essential role in enforcing that settlement. Their authority should come with a corresponding obligation to respect its explicit terms. Interpretation must not become a means of removing protections that the constitution expressly establishes.

The restraint would apply equally to a government claiming an electoral mandate and a court claiming constitutional authority.

Citizenship must mean a reciprocal commitment

Rights need institutions capable of defending them. Those institutions depend on people accepting obligations toward the society they serve.

A constitution should therefore give civic responsibilities substance. Obeying the law, paying legally required taxes and contributing through a fair framework of military or civilian service should form part of that discussion, with appropriate accommodations for individual circumstances.

An allegiance pledge would express the commitment underlying those responsibilities.

Someone seeking the right to help determine Israel's national future should be willing to affirm allegiance to Israel. Refusal should carry a defined consequence for eligibility for citizenship and national voting rights.

This is a proposal for constitutional change. Its requirements must be written openly and precisely, so people can understand what they are being asked to accept and what refusal would mean.

Loyalty to Israel leaves room for fierce opposition

Allegiance must never be confused with obedience to a prime minister.

A citizen should be free to campaign against the government, criticize the military's decisions, challenge legislation and demand a leader's resignation. None of those actions, by itself, contradicts loyalty to the state.

The pledge should concern Israel and its constitutional order. It should contain no commitment to a party, politician or governing ideology.

That distinction must be enforceable. Otherwise, an allegiance requirement could become an instrument for protecting incumbents from their opponents.

The same standard should apply to Jews and non-Jews. Ethnicity, religion, language and family background cannot establish whether an individual accepts a civic commitment. The relevant question is what that person is willing to pledge.

Make the requirement clear enough to enforce fairly

A consequential citizenship rule cannot rest on a minister's personal judgment. The constitution should specify the pledge, when adults must make it, and the procedures governing refusal.

Application to existing citizens would require explicit transition rules addressing children's status, individual circumstances and statelessness. Adverse decisions should require notice, a hearing and an independent appeal.

These protections would serve the proposal's central purpose: establishing lasting rules that those in power must obey.

Israel needs a constitutional settlement strong enough to protect its Jewish and Zionist foundations and clear enough to define citizenship. The state should guarantee the rights of its citizens. It should also require their allegiance.

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