Between three branches of government: the balance of rights in matters of religion in Israel

The study analyzes the balance of protection of civil rights in matters of religion, and weighs the varying contributions made by the three branches of government: the legislative branch, the judicial branch, and the executive branch. Based on the conclusions of the study, the judicial branch has made a positive contribution, whereas the contributions made by the legislative and executive branches have been of a less positive nature. For the most part, parliamentary legislation has served to restrict civil rights related to matters of religion, both in terms of the Knesset’s legislative initiatives and its responses to rulings handed down by the courts. This negative trend is primarily noticeable in the Basic Law: Human Dignity and Liberty, and the Basic Law: Freedom of Occupation, both passed in 1992, as well as the Law of Alternative Civil Burial, passed in 1996. Throughout the incumbency of most of Israel’s governments, the executive branch has also made a negative contribution to the balance of civil rights related to matters of religion. Of all the three branches, the Supreme Court has played the most prominent positive role in enhancing civil rights in matters of religion. Its rulings are the product of a social process that has effected changes in various modes of public behavior.