Basic Laws as a Surrogate Bill of Rights: The Case of Israel

Israel was for a long time regarded as one of the few countries which, like the United Kingdom, had neither a formal constitution nor a bill of rights. The 1948 Declaration of Independence announced that the new state’s constitution would be drawn up by an elected constituent assembly. After its election, however, the Assembly transformed itself into the Knesset, Israel’s Parliament, and adoption of the constitution was delayed. Under a Knesset resolution of 1950 it was decided that the state’s formal constitution would be drawn up on the basis of a series of basic laws. Pursuant to this resolution, basic laws were enacted, covering virtually all aspects of Israel’s system of government. But until 1992 a basic law on civil liberties or human rights was not included among them.